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THE 

BALLOT LAW 

OF 

PENNSYLVANIA 



BY 



PAUL A. KUNKEL, 

OF THE DAUPHIN COUNTY BAR. 



WITH 



INTRODUCTION 



Hon JOHN W. SIMONTON, 

PRESIDENT JUDGE OF THE TWELFTH JUDICIAL DISTRICT. 



NEWARK, K". J. 

SONEY & SAGE, 

1902. 



\ 
\ 



THE LIBRARY OF 
CONGRESS, 

Two Copies Received 

OCT, 2 1902 

CnpVRIOMT ENTRV 

CLASS ^XXa No 
COPY^B.' 



Copyright, 1902, 
By PAUL A. KUNKEL. 



<. c c cc <: 



J. B. LYON COcMFAUV, ' ' ] t c J 
PRINTERS AND ^INEERS ' 
ALBANY, N. Y. 



THE BALLOT. 



" A weapon that comes doivn as still 
As snowflakes fall upon the sod; 
But executes a freeman's will, 

As lightning does the will of God." 
Quoted in argument of counsel in Com. v. Reeder, 171 Pa. 510. 

(iii) 



INTRODUCTION. 



The preparation of this volume was begun at my sug- 
gestion, and I have been in consultation with Mr. Kunkel 
during its progress and have read the manuscript and the 
proof sheets; but the credit for the actual work belongs 
entirely to him. 

The passing of the Acts of 1881, regulating primary 
elections, followed by the Ballot Act of 1893 and its sup- 
plements, extended the supervision of the law to the pro- 
ceedings of political parties looking to the nomination of 
candidates for office which theretofore had been left to the 
will of the parties, the law supervising the arrangements 
for, and the conduct of, the general elections only. It there- 
upon became necessary, in order that the Acts might accom- 
plish their purpose with respect to nominations, that special 
jurisdiction should be conferred on some tribunal to con- 
strue and apply the Acts and to determine whether the pro- 
ceedings under them, when challenged, had been conducted 
in conformity to their requirements. The tribunal selected 
was the Courts of Common Pleas of the several districts, 
the jurisdiction of each being denned in the Act of 1893. 

The Ballot Act of necessity requires cases relating to 
nominations of candidates for office arising under it to be 
heard and decided promptly, and it does not provide for an 
appeal, no doubt for the reason that an appeal could not 
ordinarily be heard before the judgments must go into effect. 
Under these conditions it is of the utmost importance for 
several reasons, that courts and counsel have the readiest 
access possible, not only to the texts of the Acts, but to the 
decisions that have been made by the several Courts of 
Common Pleas construing the Acts, and settling the practice 
under them. One reason is that they may have all the light 
possible to aid them in their necessarily hasty preparation, 
argument, consideration and decision of the cases, and an- 

(v) 



vi Introduction. 

other, that the courts in each district, having the decisions 
of the co-ordinate courts in view, will be greatly aided, not 
only in coming to correct conclusions, but in maintaining 
uniformity and consistency of decision, a result much to 
be desired for its own sake as well as because it will tend 
greatly to enhance the authority of the decisions and up- 
hold the credit and dignity of the Courts. 

These are some of the considerations that led me to sug- 
gest the preparation of this modest volume; and now, from 
my examination of it in its completed form, I feel certain 
that I can congratulate all who are interested, on the ad- 
mirable manner in which the work has been done, and the 
completeness with which it will satisfy the requirements 
indicated above. 

In my opinion, Mr. Kunkel has analyzed and arranged 
the topics of the Acts and the effect of the decisions upon 
them with great skill and excellent judgment, leaving noth- 
ing further to be desired in this respect; and I am satisfied 
that he who resorts to these pages for aid in counselling, 
arguing or deciding questions arising under any of these 
Acts will not be disappointed in finding promptly whatever 
light the Courts have thrown upon them up to this date; 
and that no prudent lawyer or careful judge will counsel 
or decide on any doubtful question within their scope with- 
out learning from them what has been already decided. 

But it is not to the judge and lawyer only that this vol- 
ume will be exceedingly useful, if not indispensable. If the 
officers and members of State, county and ward committees, 
primary elections, nominating conventions and conferences, 
and all others active in directing and working party ma- 
chinery, will seek its help and be guided by its counsels, 
many contests will be avoided and much time and expense, 
otherwise to be wasted in fruitless litigation, will be spared. 

J. W. SIMONTOK 



TABLE OF CONTENTS. 



PART I. 

Page. 

Chapter I. Jurisdiction and Duty of the Receiving Officer.... 1 

II. Jurisdiction of the Court 8 

III. Political Combinations and their Respective Rights. 27 

IV. Party Rules 45 

V. District Conferences 55 

VI. Conventions 62 

VII. Governing Principles 74 

VIII. Statutory Specifications in Nomination Certificates 

and Nomination Papers 80 

IX. Statutory Form of Nomination Papers 86 

X. Nomination-Paper Signing 88 

PART II. 

Chapter XL Text of the Act of 1893 and Its Amendments 93 

XII. A Summary of the Act and Its' Amendments 131 

XIII. The Ballot Law is Constitutional 133 

XIV. Suggestions to Chairmen 138 

XV. Forms 141 

PART III. 

Chapter XVI. Primary Election Offenses 147 

Index to Abbreviations of Reports ix 

Table of Cases xi 

Index 171 

(vii) 



INDEX TO ABBREVIATIONS OF KEPORTS. 



Blair, Blair County Reports. 

C. C Pennsylvania County Court Reports. 

Dauph Dauphin County Reports. 

Del Delaware County Reports. 

Dist Pennsylvania District Reports. 

Gri Griest's (Secretary of the Commonwealth) 

Compilation. 1902 Ed. 

Kulp, Luzerne Legal Register Reports. 

Lack Lackawanna Legal News. 

Lack. Jurist, .... Lackawanna Jurist. 

Lane Lancaster Law Review. 

Montg Montgomery County Reports. 

North Northampton County Reports. 

Pa Pennsylvania State Reports. 

Pearson, Pearson's Reports. 

Pitts Pittsburg Legal Record. 

Sup. Ct Pennsylvania Superior Court Reports. 

W. N Weekly Notes of Cases. 

York, York Legal Record. 

Note. — All the cases cited have been decided by the Dauphin County 
Court except where it is otherwise expressly stated. 

(ix) 



TABLE OF CASES. 



Note. — The cases of plaintiff against defendant are also given inversely 
for convenience. 



Acheson v. Twiford, 24, 51, 61. 
Affidavits to Nomination Papers, 4. 
Africa v. Shaver, 1/0. 
Allegheny City Elections, 19, 65, 75. 
Appointment of Overseers, 120. 
Ashcom's Norn., 17, 56, 59, 105. 

Barber's Nom., 58. 

Barlow v. Patterson, 133. 

Barnes' Norn., 83, 84. 

Barron v. Longenecker, 24, 47, 60. 

Barry's Norn., 34, 47, 67, 71. 

Bartholomew v. Lehigh Co., 104. 

Bartley v. De Walt, 36, 47, 106, 

116, 131, 133. 
Beaver County Elections, 122. 
Becker v. Stucker, 18, 24, 28, 47, 51. 
Beck's Norn., 21, 53, 65. 
Bell v. Commonwealth, 150, 163, 

164. 
Berlin's Norn., 22, 53, 85, 105. 
Black's Norn., 65. 
Boger's Nom., 66. 
Bogert v. Luzerne Co., 104. 
Boggs v. City, 53. 
Bovle v. Commonwealth, 155, 156, 

158. 
Brackenridge's Norn., 81. 
Brown's Norn., 64, 65, 66. 
Brown's Nom., 79. 
Buck > County Grand Jury, 164, 

169. 
Bullock v. Kerrin, 116, 129. 
Bunday's Nom., 34. 
Burke's Nom., 63, 71, 72. 
Burnett v. Mercer Co., 104. 
Butler ToAvnship Nom., 18, 66, 79. 
Butler"s Nom., 76, 91, 92. 
Butler's Nom., 59. 
Butler's Nom., 23. 
Butler v. Painter, 24. 
Butterfield v. McCarter, 149, 170. 

Caldwell's Nom., 49, 59, 60, 61. 
Cantrell v. Ridgway, 156. 



Carbondale Election, 127. 

Casey v. Commonwealth, 129, 151. 

Cassell's Nom., 48, 73, 85. 

Cassin v. Reeder, 20. 

Certificate of Nom., 12. 

Citizens' Party Nom., 11, 18, 28, 31, 

33, 34, 36, 46. 
Citizens' Nom., 18. 
City v. Boggs, 53. 
Clark's Nom., 76, 84. 
Clay's Nom., 16, 24, 106. 
Coffroth v. Somerset Co., 104. 
Coleman v. Gernet, 117, 118. 
Colville's Nom., see Woodruff's. 
Commissioners v. Egly, 113. 
Commonwealth ex rel. Atty.-Gen. v. 

Dailey, 170. 
Commonwealth v. Bell, 150, 163, 

164. 
Commonwealth v. Boyle, 155, 156, 

158. 
Commonwealth v. Casey, 129, 151, 

158. 
Commonwealth v. Connelly, 100. 
Commonwealth v. Dietrich, 164, 

169. 
Commonwealth v. Fry, 158. 
Commonwealth v. Gallagher, 15S. 
Commonwealth v. Gibbons, 164. 
Commonwealth v. Hunter, 1G0. 
Commonwealth v. Jones, 148, 168. 
Commonwealth v. Lawrence, 160. 
Commonwealth v. Leonard, 134, 148, 

149, 150, 151, 153, 1C3, 170. 
Commonwealth v. McHale, 131. 
Commonwealth v. Mercer, 110. 
Commonwealth v. Polluck, 161, 166. 
Commonwealth v. O'Neill, 161. 
Commonwealth v. Petroff, 1G4. 
Commonwealth v. Reynolds, 104. 
Commonwealth v. Rudy, 164, 165, 

168. 
Commonwealth v. Sherban, 159. 



(xi) 



Xll 



Table of Cases. 



Commonwealth v. Snyder, 15, 155. 
Commonwealth v. Walter, 167, 170. 
Commonwealth v. Walter, 170. 
Commonwealth v. Warner, 159, 169. 
Commonwealth v. Weitzel, 129. 
Commonwealth v. Williams, 167, 

168. 
Commonwealth v. Willis, 106. 
Commonwealth v. Young, 151, 152, 

153, 155, 157. 
Commonwealth v. Young, 155. 
Commonwealth v. Ziert, 158. 
Connelly v. Commonwealth, 160. 
Connellv v. Lynn, 104, 119. 
Cooper V. Martin, 4, 5, 10, 11, 19, 

22, 87. 
Corr y. Lackawanna Co., 96. 
Coray's Norn., 49, 58, 63, 64, 78, 79. 
County v. Intelligencer, 104. 
Craig's Norn., 60, 66. 
Cresswell's Norn., 4, 6. 
Critchfield's Norn., 55. 
Crow Anti-Combine Party Nom., 41. 
Crow v. Richmond, 2, 81, 84, 87. 

Dailey's Case, 19. 

Dailey's Norn., 49, 50, 73, 79. 

Davis' Nom., 25. 

Derrick v. Hicks, 62. 

De Walt v. Bartley, 36, 47, 106, 116, 

131, 133. 
De Witt's Nom., 70, 71. 
Dietrich v. Commonwealth, 164, 169. 
Donahue's Nom., 49, 66, 79. 
Douglass' Nom., 50, 76. 
Doyle's Nom., 49, 52, 53. 

Eades v. Weir, 108. 
Early v. Luzerne Co., 96. 
East Coventry Election, 117. 
Edmiston's Nom., 52, 58. 
Eglv v. Commissioners, 113. 
Eighth Ward Election, 113. 
Election Instructions, 118, 122, 128. 
Election Proclamation, 104. 
Elkin v. Potter County Poor Dist., 

95. 
Elizabethville Election, 106, 119, 

127. 
Emery's Nom., 42. 
Evans' Nom., 56, 59, 76. 
Evans v. Willistown Township, 95, 

108. 
Ewing's Nom., 16, 19, 22, 24, 75. 
Executive Committee v. Seltzer, 46, 

51. 



Fadden's Election, 123, 128. 
Fairchance Borough Election, 118, 

125. 
Falkenstein's Nom., 26, 47. 
Fernbacher v. Roosevelt, 152. 
Fifth Ward Nom., 82, 83. 
Filing Certificates, 16. 
Flynn's Election, 117. 
Foreman's Election, 119. 
Forney's Election, 104, 106. 
Fow's Nom., 10, 16. 
Freemansburg's Election, 119. 
Fry v. Commonwealth, 158. 

Gallagher v. Commonwealth, 158. 
Gentner v. Martin, 92. 
Gerberich's Nom., 46, 47, 50. 
Gearhart Township Election, 117. 
Gernet v. Coleman, 117, 118. 
Gever v. Weckerley, 156. 
Gibbons' Nom., 34, 38, 70, 74, 155, 

158. 
Gibbons v. Commonwealth, 164. 
Ginter v. Scott, 24, 28, 54. 
Graham v. Schuylkill Co., 104. 
Gray v. Tooms, 50. 
Griest v. Jeffries, 3, 4, 41, 90. 
Griest v. Stapleton, 5, 14, 15. 
Grundy v. Martin, 87. 
Gunster's Nom., 7, 40. 

Hack v. Martin, 4, 87. 

Hamilton's Nom.^ 67. 

Ham v. Smith, 164. 

Harrity v. Robbins, 3, 6, 19. 

Havard v. Weiss, 24, 28, 48. 

Hawk v. Weidknecht, 117. 

Heberling's Nom., 21, 65, 71. 

Heissler's Nom., 86. 

Hempfield Township Election, 117. 

Hendlev v. Reeder, 19, 25, 75. 

Henserv. Wilmoth, 168. 

Hicks' Nom., 23. 

Hicks' Nom., see .Kooser's. 

Hicks v. Derrick, 62. 

Hirsh v. Schuylkill Co., 104. 

Howard v. Jacoby, 167, 168. 

Howell's Nom., 96. 

Hudson v. Martin, 7, 18. 

Hughes' Election, 117, 118. 

Huey's Nom., 31, 33, 38, 65, 79. 

Hunter v. Commonwealth, 160. 

Hutchins' Nom., 50. 

Independent Party Nom., 90, 91. 
Inghram's Nom., 81, 82. 
Ingram's Nom., 60, 66. 



Table of Cases. 



xm 



In re Smythe, 62, 64. 
Intelligencer v. County, 104. 

Jacoby v. Howard, 167, 168. 
Jefferis v. Griest, 3, 4, 41, 90. 
Jeffries' Norn., 31, 33, 34, 38, 39, 43, 

116. 
Jobes' Nom., 19. 
Johnson's Nom., 14, 16. 
Jones v. Commonwealth, 148, 166. 

Kendall's Nom., 71. 

Kerrin v. Bullock, 116, 129. 

Ker's Nom., 6Q. 

King's Nom., 76, 86, 90. 

Klugh's Nom., 57. 

Kochenderfer v. Long, 117. 

Koontz's Nom., 65, 71. 

Kooser's Nom., 46, 52, 55, 56, 57, 

59, 72. 
Kreimer's Nom., 33, 85. 

Lackawanna Co. v. Corr, 96. 
Laubach's Nom., 69. 
Laubach's Nom., 86. 
Lauer's Nom., 57, 58. 
Lawlor's Ap., 106, 118. 
Lawrence v. Commonwealth, 160. 
Lehigh County v. Bartholomew, 104. 
Leh's Contested Election, 4, 6, 12, 

127. 
Leonard v. Commonwealth, 134, 148, 

149, 150, 151, 153, 163, 170. 
Leonard v. Beeder, 2, 7, 9, 41, 44. 
Lewis' Nom., 59. 
Little Beaver Township Election, 

115. 
Little's Nom., 56. 
Littley's Nom., 48, 68. 
Longenecker v. Barron, 24, 47, 60. 
Long v. Kochenderfer, 117. 
Louck's Case, 117. 
Luden's Nom., 76, 92. 
Lutz's Nom., see Berlin's. 
Luzerne County v. Bogert, 104. 
Luzerne County v. Early, 96. 
Luzerne County v. Record, 104. 
Lydon's Nom., 67, 68. 
Lynn v. Connelly, 104, 119. 
Lyter v. Page, 12. 

Magee's Nom., 25, 39, 69. 
Mansfield's Nom., 2, 10, 21, 26, 31, 

34, 50. 
Market Co. v. Phila., 95. 
Marron's Nom., see Magee's. 



Martin v. Cooper, 4, 5, 10, 11, 19, 

22, 87. 
Martin v. Gentner, 92. 
Martin v. Grundy, 87. 
Martin v. Hack, 4, 87. 
Martin v. Hudson, 7, 18. 
Martin v. McGowan, 7, 24, 39. 
Martin v. Mullin, 91, 92. 
Martin v. Sterr, 4, 25, 31, 39, 41, 

43, 90. 
McAndrews' Nom., 70, 71. 
McArthur v. Beed, 117. 
McCarter v. Butterfield, 149, 170. 
McCormick v. Beeder, 3, 125. 
McCormick v. Smith, 6, 7, 41. 
McCowin's Ap., 106, 116, 118, 125. 
McGowan v. Martin, 7, 24, 39. 
McHale v. Commonwealth, 151. 
McKinley Citizens' Nom., 33, 34, 36. 
Mead Township Election, 118. 
Mercer County v. Burnett, 104. 
Mercer v. Commonwealth, 110. 
Meredith's Nom., 57. 
Merion Township Election, 108, 127. 
Middendorf's Case, 117. 
Milvale Borough Election, 108. 
Moran v. Bennard, 156. 
Morse Sub-School District, 113. 
Mullin v. Martin, 91, 92. 

Newberrv Township Election, 118. 
Nomination Paper Signatures, 89, 

90. 
Northampton Co. v. Packer, 96. 

Official Ballot, 106. 
Omnibus Nom., 41. 
O'Neill v. Commonwealth, 161. 

Packer's Nom., 9, 47, 51, 55. 
Packer v. Northampton Co., 96. 
Page v. Lyter, 12. 
Palm's Nom., 11, 17. 
Painter v. Butler, 24. 
Paschall's Nom., see Berlin's. 
Patterson v. Barlow, 133. 
Petroff v. Commonwealth, 164. 
Phelan v. Reeder, 22. 
Philadelphia Election, 126. 
Phila. v. Market Co., 95. 
Pike Township Election, 117. 
Pittsburg Citizen Party Nom., 7, 41, 

83. 
Polluck v. Commonwealth, 161, 166. 
Potter County Poor Dist. v. Elkin, 

95. 



XIV 



Table of Cases. 



Prohibition Party Nom., 12. 
Providence Township Election, 119. 
Public Opinion Party Nom., 33, 34. 
Publishing Co. v. Sellers, 104. 

Quinn's Nom., 49. 

Ray v. Respublica, 165. 

Record v. Luzerne Co., 104. 

Redman's Ap., 119. 

Reed's Nom., 14. 

Reed v. McArthur, 117. 

Reeder v. Cassin, 20. 

Reeder v. Hendley, 19, 25, 75. 

Reeder v. Leonard, 2, 7, 9, 41, 44. 

Reeder v. McCormick, 3, 125. 

Reeder v. Phelan, 22. 

Reeder v. Swope, 7, 39. 

Reeves' Nom., 70. 

Reitzel's Nom., 21, 63, 66, 71. 

Rennard v. Moran, 156. 

Respublica v. Ray, 165. 

Reynolds v. Commonwealth, 104. 

Richmond v. Crow, 2, 81, 84, 87. 

Ridgway v. Cantrell, 156. 

Rife's Case, 17. 

Ringler's Nom., 14. 

Ritter's Nom., 49, 59, 61. 

Robb's Nom., 9, 10, 21, 31. 

Robb's Nom., 69, 70, 71, 74. 

Robb's Re-Nom., 10, 50, 63, 68, 76. 

Robbins' Nom., 77, 86, 87. 

Robbins v. Harrity, 3, 6, 19. 

Roberts' Nom., 67, 74. 

Robinson's Nom., 23, 91. 

Roosevelt v. Fernbacher, 152. 

Rosenstock's Nom., 15. 

Rowe's Nom., 50, 77. 

Ruddy's Case, 77. 

Rudv v. Commonwealth, 164, 165, 

168. 
Rutledge's Nom., 47, 63, 65, 79. 

Sanner's Nom., 21, 26, 50, 58, 64, 

77, 79. 
Saunders' Nom., 66. 
Saunders' Nom., 86. 
Saupp's Case, 19, 20, 102. 
Savage's Nom., 51, 52, 60. 
Savage's Nom., 84. 
Savage's Nom., 82. 
School Directors' Nom., 70. 
Schuylkill County v. Graham, 104. 
Schuylkill County v. Hirsh, 104. 
Schuvlkill Haven Nom., 2, 53, 79. 
Scott v. Ginter, 24, 28, 54. 
Sellers v. Publishing Co., 104. 



Seltzer v. Executive Committee, 46, 

51. 
Semmens' Nom., see Tilbrook's. 
Seward's Nom., 83. 
Sharon Hill Election, 117, 130. 
Shaver v. Africa, 170. 
Shenandoah City Nom., 10, 14, 16, 

19, 20, 75. 
Sherban v. Commonwealth, 159. 
Shoemaker's Nom., 24, 50. 
Smith v. Ham, 164. 
Smith v. McCormick, 6, 7, 41. 
Smith v. Thomas, 31, 156. 
Snyder v. Commonwealth, 15, 155. 
Soles' Nom., 70, 71. 
Somerset County v. CofFroth, 104. 
Stapleton v. Griest, 5, 14, 15. 
Sterr v. Martin, 4, 25, 31, 39, 41, 43, 

90. 
Sterr's Nom., see Boger's. 
Sterr's Nom., see Laubach's. 
Stucker v. Becker, 18, 24, 28, 47,51. 
Stucker's Nom., 52. 
Supervisors' Election, 125. 
Swope v. Reeder, 7, 39. 

Thirty-fourth Ward Nom., 7, 24, 41, 
67, 72, 79. 

Thomas' Election, 127. 

Thomas' Nom., 11, 16, 20, 23, 25, 
82. 

Thomas v. Smith, 31, 156. 

Thropp's Nom., 23, 82. 

Tilbrook's Nom., 74. 

Tooms v. Gray, 50. 

Twelfth Ward Nom., 67, 70, 71. 

Twentieth Ward Councilman Elec- 
tion, 118, 127. 

Twenty-first Ward Nom., 70. 

Twenty-sixth Judicial Dist. Nom., 
2, 4, 85. 

Twenty-third Ward Nom., 69. 

Twiford v. Acheson, 24, 51, 61. 

Union Pass. Ry's Ap., 95. 

Van Storch's Nom., 11, 19. 

Wallace v. Hough, 104. 

Walter v. Commonwealth, 167, 170. 

Walter v. Commonwealth, 170. 

Walton's Nom., see Brown's. 

Walton's Nom., 86. 

Warner v. Commonwealth, 159, 169. 

Weckerlev v. Geyer, 156. 

Weidknecht v. Hawk, 117. 

Weir v. Eades, 108. 



Table of Cases. 



xv 



Weiss v. Havard, 24, 28, 48. 
Weitzel v. Commonwealth, 129. 
Wevant's Nora., 13. 
White's Norn., 19, 22, 24, 75. 
Wilkesbarre Township Nom., 17, 47, 

52. 
Williams v. Commonwealth, 167, 

168. 
Willistown Township v. Evans, 95, 

108. 
Willis v. Commonwealth, 106. 



Wilmoth v. Hensel, 168. 
Wmton Borough Nom., 18. 
Woodruff's Nom., 53. 

York's Election, 117. 

Young v. Commonwealth, 151, 152, 

153, 155, 157. 
Young v. Commonwealth, 155. 



Ziegler's Nom., 51. 
Ziert v. Commonwealth, 



158. 



THE BALLOT LAW 



OF 



PENNSYLVANIA. 



Part I. 



CHAPTEK I. 

Jurisdiction" and Duty of the Receiving Officer. 

1. Statutory duty of the Secretary of the Commonwealth or other re- 

ceiving officer. 

2. Limitations of the power of the receiving officer in refusing to ac- 

cept nomination certificates and nomination papers. 

3. Every nomination certificate or nomination paper regular on its 

face entitled to be filed. 

4. The receiving officer cannot hear and determine controverted ques- 

tions of fact or law. 

5. Duty of the Secretary of the Commonwealth to furnish bla ik forms 

of nomination papers and of nomination certificates. 

6. Exclusive use of the Secretary of the Commonwealth's form of nomi- 

nation paper imperative. 

7. Nomination certificates and nomination papers qualified to before 

prothonotaries and clerks of courts not defective. 

8. Manifest defects. 

9. Voluntary amendments. 

10. Time of filing and amending limited. 

11. Secretary of the Commonwealth transmits official lists. 

12. County commissioners transmit official lists. 

13. The duty to certify defined. 

14. Duplicated nominations must be certified. 

15. Jurisdiction of the receiving officer as to the withdrawal of a candi- 

date. 

1. Statutory duty of the Secretary of the Commonwealth or 
other receiving officer. 

It shall be the duty of the officer or officers to whom any 
Nomination Certificate or paper is brought for the purpose of 
filing, to examine the said certificate or paper, and if it lack 
sufficient signatures or be otherwise manifestly defective, it 
shall not be filed, but the action of said officer or officers in 
refusing to receive a certificate or paper, may be reviewed 
by the court of common pleas of the county upon an appli- 



2 The Ballot Law. 

cation for a mandamus to compel its reception as of the date 
when it was brought to the office. Sec. 6, Act of July 9, 
1897, P. L. 227. 

2. Limitations of the power of the receiving officer in refusing to 
accept nomination certificates and nomination papers. 

The power of the Secretary of the Commonwealth or other 
officer to refuse to receive a nomination certificate or nomi- 
nation paper is limited to two causes, namely, (a) " if it lack 
sufficient signatures," and (b) if it " be otherwise manifestly 
defective." Sec. 6, Act of July 9, 1897, P. L. 227. 

" A formal defect, or the omission of something that the 
statute requires to be in the certificate, would make the cer- 
tificate defective." 1 

3. Every nomination certificate or nomination paper regular 
on its face entitled to be filed. 

" The Secretary [of the Commonwealth] ought to receive 
and file every certificate of nomination which is regular on 
its face, even if two or more certificates do purport to come 
from the same political party and nominate different per- 
sons for the same office." " No power is given to the Secre- 
tary to investigate the controversy and decide which cer- 
tificate contains the true party nomination." 2 

4. The receiving officer cannot hear and determine controverted 
questions of fact or law. 

" A protest against the filing of plaintiff's certificate was 
presented to the defendant [Secretary of the Common- 
wealth] based on the allegation that the ' alleged Fusion 
party is a mere fraction of a political party, and not a sepa- 
rate and distinctive party or organization; ' and it is con- 
tended by counsel for defendant that the paragraph of the 
Act above quoted gives defendant the right, and makes it 

i Mansfield's Norn., 18 C. C. 431 ( Wesmoreland Co.). 

2 Leonard v. Reeder, 3 Dauph. 51; Gri. 58; 5 Dist. 600; 18 C. C. 315; 
Crow v. Richmond. 5 Dist. 647 (Phila. Co.) ; Schuylkill Haven Norn.. 20 
C. C. 418 (Schuylkill Co.). Cf. Twenty-sixth Judicial Dist. Norn., 1 
Dauph. 304; Gri. 206; 7 Dist. 563; 21 C. C. 367; 4 Lack. 242 (Atty.- 
Gen.). 



Jurisdiction and Duty of Keceiving Officer. 3 

his duty, to hear evidence, and to determine whether the 
allegation on which the protest is based is true in fact and 
in law, and, if so, to refuse to file the certificate; while 
counsel for plaintiff contend that the defendant has no duty 
or right to determine these questions, but that, not finding 
that the certificate is ' manifestly defective ' on its face, or 
that it ' lacks sufficient signatures/ he is bound to file it, and 
to leave to this court the determination of all questions of 
fact or of law that may be raised on objections to the cer- 
tificate. We think the latter is the correct construction of 
the Act. We cannot find in it authority for the ' officer or 
officers to whom any nomination certificate or paper is 
brought for the purpose of filing,' to hear and determine 
controverted questions of fact or of law." 3 

5. Duty of the Secretary of the Commonwealth to furnish 
blank forms of nomination papers and of nomination cer- 
tificates. 

Blank forms for making such nomination shall bo fur- 
nished by the Secretary of the Commonwealth, and no other 
form than the ones so prescribed shall be used for such 
purpose. Sec 3, Act of July 9, 1897, P. L. 223. 

It shall be the duty of the Secretary of the Common- 
wealth to prepare forms for all the blanks made necessary or 
advisable by this act, and to furnish copies of the same to the 
county commissioners of each county, who- shall procure 
further copies of the same at the cost of the county and fur- 
nish them to the election officers or other persons by whom 
they are to be used, in such quantities as may be necessary 
to carry out the provisions of this act. Sec. 1, Act of 1893, 
P. L. 419. 4 

6. Exclusive use of the Secretary of the Commonwealth's form 
of nomination paper imperative. 

The Secretary of the Commonwealth is justified in refus- 
ing to receive a nomination paper containing a sheet pasted 

3Jefferis v. Griest, 3 Daupb. 288; Gri. 189; 9 Dist. 683; 24 C. C. 
413; Robbins v. Harrity, 2 Dist. 163. 
4 See McCormick v. Reeder, 171 Pa 506. 



4 The Ballot Law. 

in upon the form furnished by him, when without that sheet 
the remaining names fall short of the number required to 
nominate. The refusal of such a paper as manifestly de- 
fective is within his statutory duty. 5 

7. Nomination certificates and nomination papers qualified to 
before prothonotaries and clerks of court not defective. 

Affidavits to certificates of nomination and nomination 
papers made before prothonotaries and clerks of the court 
are sufficient and should not be rejected as manifestly de- 
fective. 6 

8. Manifest defects. 

A certificate of nomination is manifestly defective and not 
entitled to be filed which does not contain the street and 
number of the residence of the nominee. 7 

domination papers, presenting candidates who had been 
previously nominated by the State Convention of the Eepub- 
lican party for State offices (e. g., Governor), and whose 
nomination for the same several and respective offices, for 
which the nomination papers presented them, had been duly 
certified to the Secretary of the Commonwealth in such a 
way as to secure a place for their names on the official ballot, 
were held to be manifestly defective, because the required 
percentage was based on a legislative district vote. 8 

A nomination paper having an indispensable sheet con- 
taining ninety-two names vouched by only four signers when 
five are expressly required is manifestly defective. 9 

The Secretary of the Commonwealth has not the right to 
receive a nomination certificate or nomination paper which 
section 5 of the Act of 1897, P. L. 226, requires to be filed 
with the county commissioners, nor vice versa. 10 

5 Hack v. Martin, Gri. 118; 7 Dist. 662; 22 C. C. 318. 

6 Affidavits to Nomination Papers, 3 Dist. 589; 15 C. C. 65 (Atty.- 
Gen.). 

7 Twenty-sixth Judicial Dist. Norn., 1 Dauph. 304; Gri. 206; 7 Dist. 
563; 21 C. C. 367; 4 Lack. 242 (Atty.-Gen.) . 

8Sterr v. Martin, 1 Dauph. 361; Gri. 136; 7 Dist. 644; 21 C. C. 422 
(Stewart, P. J., specially presiding), explained in Jefferis v. Griest, 3 
Dauph. 288; Gri. 189; 9 Dist. 683; 24 C. C. 412. 

9 Cooper v. Martin, Gri. 116: 7 Dist. 660; 22 C. C. 319. 

lOCresswell's Norn., 3 Dist. 487; 13 C. C. 562 (Huntingdon Co.) ; Leh's 



Jurisdiction and Duty of Receiving Officer. 5 

9. Voluntary amendments. 

The officers with whom nomination certificates and papers 
have been filed, shall permit the political parties or bodies 
who have filed them to< amend them of their own motion at 
any time prior to the printing of the ballot. Sec. 6, Act of 
July 9, 1897, P. L. 228. 

10. Time of filing and amending limited. 

A paper, rejected by the Secretary of the Commonwealth 
because it contained an indispensable sheet vouched by only 
four persons, cannot be received by him after the fifth signer 
has signed the paper several days after the last day for filing 
such papers. 11 

After a nomination certificate or nomination paper has 
been filed, it shall be considered valid, unless objections 
thereto in writing are filed with the officer or officers with 
whom such nomination certificate or nomination paper has 
been filed, as well as in the proper court, within certain 
periods. 12 

11. Secretary of the Commonwealth transmits official lists. 

The Secretary of the Commonwealth shall, fourteen days 
at least previous to the day of any election of United States 
or State officers, or for the adoption of amendments to the 
Constitution of this Commonwealth, transmit to the county 
commissioners and the sheriff in each county in which such 
election is to be held, duplicate official lists, stating the names 
and residences of and parties or policies represented by all 
candidates whose nomination certificates or papers have been 
filed with him as herein provided for such election, and have 
not been found and declared to be invalid as provided in sec- 
tion six, and to be voted for at each voting place in each 
county, respectively, substantially in the form of the ballots 
to be used therein; duplicate copies of the text of all pro- 

Nom., 6 Dist. 152; 5 North. 347 (Northampton Co.) ; Stapleton v. 
Griest, 5 Dauph. 56; Gri. 196; 26 C. C. 134. See also §§ 21 and 22. 

ii Cooper v. Martin, Gri. 116; 7 Dist. 660; 22 C. C. 319. 

12 § 33. 



6 The Ballot Law. 

posed constitutional amendments to be voted upon at such 
election. Sec. 9, Act of July 9, 1897, P. L. 229. 

12. County commissioners transmit official lists. 

The county commissioners of each county shall also send 
to the sheriff of their county, at least ten days prior to the 
day of any general election, an official list containing the 
names and party or political appellations of all candidates 
whose nomination certificates or papers have been filed with 
the said commissioners as herein provided for such election, 
and to be voted for at each voting place in the county, sub- 
stantially in the form of the ballots to be used therein. 
.Sec. 9, Act of 1897, P. L. 229. 

13. The duty to certify defined. 

" The Secretary of the Commonwealth can only certify 
those officers whose nomination papers are required to be 
filed with him, and the county commissioners those nomina- 
tion papers which the fifth section requires to be filed with 
them, and none other, whether on file or not. The one can- 
not certify for the other, and neither can cure the mistakes 
made by parties in filing papers illegally." 13 

The receiving officer, however, cannot refuse to certify a 
certificate regular on its face upon objections filed with him 
that the political party named therein did not poll the re- 
quired percentage in the district at the last preceding elec- 
tion, since that raises a question of fact which only the court 
can decide upon objections filed in the proper court within 
the time. 14 

As to the effect of certifying a certificate or paper im- 
properly filed, see Leh's Case, 15 and Smith v. McCormick. 16 

14. Duplicated nominations must be certified. 

The records of the Secretary showed that the nomination 
papers of S. and of W. were each regular and in due form 

l3Cresswell's Norn., 3 Dist. 488: 13 C. C. 562 (Huntingdon Co.). 
l4Eobbins v. Harritv, 2 Dist. 163. 

15 6 Dist. 152; 5 North. 347 (Northampton Co.). 

16 2 Dauph. 46; 8 Dist. 117; 22 C. C. 322. 



Jurisdiction and Duty of Receiving Officer. 7 

and no objections had been filed thereto. Both were candi- 
dates of the McKinley-Citizens' Party for the office of rep- 
resentative in the fifteenth legislative district, and there was 
only one vacancy. Held, that both nominations should be 
certified. 17 

Candidates for the office of judge of the courts of common 
pleas of the city of Philadelphia were nominated by both 
the Republican and the Democratic nominating conventions, 
and certificates of nomination in accordance therewith were 
filed in the office of the Secretary of the Commonwealth. 
Held, that it was the duty of the Secretary to certify said 
nominations to the county commissioners and sheriff in such 
form that the names of the candidates would appear in both 
the Republican and the Democratic columns of the official 
ballot. 18 

The provision of the Act of 1897, P. L. 229, limiting and 
restraining the name of a candidate from appearing more 
than once on the official ballot is incapable of execution. 19 

15. Jurisdiction of receiving officer as to the withdrawal of a 
candidate. 

The receiving officer has no right to receive the withdrawal 
of a candidate after the time has passed within which section 
7 of the Act of 1893, P. L. 422, permits withdrawals to be 
made. 20 

" The statute provides that the withdrawal, to be effective, 
shall be acknowledged before some officer who is entitled to 
take acknowledgments of deeds, and, manifestly, the pur- 
pose is that the acknowledgment should be made in the 
same way." 21 

17 Swope v. Reeder, 6 Dist. 605: 20 C. C. 113. 

iSMcGowan v. Martin, 6 Dist. 645; 20 C. C. 117; 4 Lack. 244. 

l9Gunster's Nom., 1 Dauph. 370; Gri. 102; 21 C. C. 350; 1 Del. 370; 
Smith v. McCormick, 2 Dauph. 46; 8 Dist. 117; 22 C. C. 322. Cf. 
Leonard v. Reeder, 3 Dauph. 51: Gri. 58: 5 Dist. 600; 18 C. C. 315: 
Pittsburgh Citizen Party Nom., 11 Dist. 208; 32 Pitts. 293 (Allegheny 
Co.). See § 66. 

20 Hudson v. Martin, 1 Dauph. 340; Gri. 142; 7 Dist. 666; 21 C. C. 
454. 

21 Thirty-fourth Ward Nom., 11 Dist. 138 (Phila. Co.). See § 157. 
As to the officer's duty in regard to substituted nominations, se2 sec- 
tion 162. 



8 The Ballot Law. 

CHAPTER II. 

Jurisdiction of the Court. 

16. Power given to the court to decide questions touching the validity 

of nominations evidenced by certificates or papers. 

17. Power given to the court to decide disputes over party name. 

18. Purpose of the law. 

19. Essentials to jurisdiction of the court. 

20. (A) Filing of certificate or paper with the proper officer within the 

proper time prerequisite to filing objections. 

21. Certificates and papers filed with the Secretary of the Com- 

monwealth. 

22. Certificates and papers filed with the county commissioners. 

23. Rule for computing time. 

24. (B) Notice of filing objections necessary. 

25. Manner of service of notice. 

26. (C) Proof of service of notice must accompany objections at the 

time of filing. 

27. Waiver of notice. 

28. (D) Objector must be a qualified elector. 

29. (E) Objections must be filed in the proper court. 

30. Objections must be filed within the time. 

31. Absence of objections raises the presumption of validity. 

32. Time within which objections must be filed. 

33. (F) Objections must be filed also with the proper officer. 

34. (G) Necessary notice of hearing. 

35. Time and manner of hearing. 

36. Time of determination by court limited. 

37. The power to decide limited. 

38. Jurisdiction to permit amendments. 

39. Time within which manifest defects are curable. 

40. Defects amendable. 

41. Method of curing defects. 

42. Dilatory amendments. 

43. Substituted nominations. 

44. Power of the court to mandamus the receiving officer. 

45. Power to mandamus an officer of a political party. 

46. Remedy by injunction. 

47. Collateral attack. 

48. Action of convention on a matter of policy not reviewable by the 

court. 

49. Court cannot interfere with the exercise of discretion vested in a 

convention. 

50. Power of the court over a primary election and convention of return 

judges to count the vote. 

16. Power given to the court to decide questions touching the 
validity of nominations evidenced by certificates or papers. 

"Any objections filed to a nomination certificate or paper," 
involving the validity of a nomination evidenced by a cer- 
tificate or the validity of a nomination made by a paper, 



JURISDICTION OF THE COURT. 9 

" shall be decided by the court of common pleas on hearing." 
Act of July 9, 1897, § 4, P. L. 225. 

" The jurisdiction of the judges of the court of common 
pleas of Dauphin county on the exceptions to the form and 
validity of the certificates filed with the Secretary of the 
Commonwealth is, by the Act, exclusive and final, and no 
appeal to this court [the Supreme Court] lies from their 
decrees." 1 

But upon certiorari the Supreme Court can inspect the 
record to determine whether the lower court has exceeded its 
powers, or has grossly abused the discretion conferred by the 
statute. 1 

17. Power given to the court to decide disputes over party name. 

Any objections filed to a nomination certificate or paper 
on account of the party or political appellation used therein, 
* * * shall be decided by the court of common pleas on 
hearing. Act of July 9, 1897, § 4, P. L. 225. 

18. Purpose of the law. 

" This is the appropriate tribunal [the court of the proper 
county] to decide the points in dispute, and to this tribunal 
it was the purpose of the Ballot Law of 1893 [P. L. 419], 
to refer all controversies concerning either the formal or 
substantial validity of nominations to office." 2 "And it is 
certainly desirable that such disputes should be determined 
by a tribunal having power to compel the attendance of 
witnesses and following the established rules of procedure 
and evidence." 3 

" The intent of the Act manifestly was to give an official 
character to the ballots finally prepared and issued by the 
Secretary of the Commonwealth, and in furtherance of this 
intent to give the court jurisdiction to supervise the nomina- 
tions certified, so that none should find a place upon the 
official ballot but those made by persons or organizations 
who had obtained authority to make them in the manner pre- 

1 "Robb's Norn., 188 Pa. 212. 

2 Leonard v. Reeder, 3 Dauph. 51; Gri. 58; 5 Dist. 600; 18 C. C. 315. 

3 Packer's Norn., 3 Dauph. 54; Gri. 60; 5 Dist. 601; 18 C. C. 347. 



10 The Ballot Law. 

scribed by the rules of the party for which they assumed 
to act. Hence, when the authority to make a nomination is 
legally challenged by objections filed to a certificate of nomi- 
nation, and violation or disregard of the party rules is al- 
leged, the court must hear the facts and determine the ques- 
tion. 7 ' 4 

To decide the question raised upon objection filed, 
whether a vacancy exists in the office for which a candidate 
has been named, is not within the purpose of, or power 
given by, the Act, 5 

And further, " it nowhere says that the court can nominate 
or assist in nominating any candidate. The actions of the 
party tribunals are as final and conclusive on the subject of 
nominations as they were before the passage of this Act. We 
only deal with the candidates' right to have a place on the 
official ballot. In order to ascertain that right we must know 
whether (1) the alleged nomination originates with an or- 
ganization that has the legal right to make and certify such 
nomination; (2) whether that organization has acted under 
the rules prescribed for its government and the result of the 
action has been certified according to the fact, and (3) 
whether the certificate is sufficient in contents and form." 6 

19. Essential to jurisdiction of the court. 

The jurisdiction of the court of common pleas over certifi- 
cates of nomination and nomination papers is purely statu- 
tory. It depends 

(A) On the formal filing, with the proper officer, within 
the proper time, of the certificate or paper. 7 

(B) On the service of notice of the proposed objection 
upon at least one of the candidates named in the certificate or 
paper intended to be objected to. 8 

4Robb's Renom., 1 Dauph. 309; Gri. 103; 7 Dist. 620; 21 C. C. 433; 
29 Pitts 152 

5 Shenandoah City Norn., 6 Dist. 156 (Schuylkill Co.). 

6 Mansfield's Norn., 18 C. C. 430 (Westmoreland Co.). See also Robb's 
Norn., 188 Pa. 212. 

7 Cooper v. Martin, Gri. 116; 7 Dist. 660; 22 C. C. 319. 

8Fow's Norn., 1 Dauph. 356; Gri. 117; 7 Dist. 661; 22 C. C. 311; 15 
Montg. 115. 



Jurisdiction of the Court. 11 

(C) On proof of service of notice accompanying the ob- 
jections at the time of filing the same. 9 

(D) On the objection being made by a qualified elector. 10 

(E) On the filing of the objection to the certificate or 
paper so filed, within the proper time, in the court of the 
proper county. 11 

(F) On the filing of the objection with the officer or of- 
ficers with whom such certificate or paper has been filed. 12 

(G) On the presence of the candidate at the hearing of the 
objection, or in his absence, on proof of service of notice of 
the hearing. Sec. 6, Act of 1897., P. L. 228. 

20. (A) Filing of nomination certificate or paper with the 

proper officer within the proper time prerequisite to 
filing objections. 

Until the certificate of nomination or nomination paper 
has been formally filed as required by law, with the proper 
officer within the proper time, objections thereto are ob- 
viously superfluous. 13 

21. Certificates and papers filed with the Secretary of the Com- 
monwealth. 

Section 5 of the Act of July 9, 1897, P. L. 226, provides 
that " Certificates of Nomination for candidates for the 
offices of presidential electors and members of the House of 
Representatives of the United States and for State officers, 
including those of Judges, Senators, and Representatives, 
shall be filed with the Secretary of the Commonwealth at 
least forty-two days before the day of election for which the 
candidates are nominated, and Nomination Papers for candi- 
dates for the said offices shall be filed with the said Secre- 
tary at least thirty-five days before the day of such election." 

Section 5 of the Act of June 19, 1891, P. L. 351, ex- 
pressly named representatives among the State officers by 

9 Palm's Norn., Gri. 185; 9 Dist. 668; 24 C. C. 476. 
io Citizens' Party Nom., 1 Dauph. 328; Gri. 132; 7 Dist. 641; 21 C. C. 
417 (Stewart, P. J., specially presiding). 

11 Van Storch's Nom., 3 Dauph. 34; Gri. 35; 2 Dist. 7; 12 C. C. 253. 

12 Thomas' Nom., Gri. 91; 6 Dist. 652; 20 C. C. 165. 

13 Cooper v. Martin, Gri. 116; 7 Dist. 660; 22 C. C. 319. 



L2 The Ballot Law, 

including judges, senators and representatives whose oertifi 
oates of nomination were bo be filed with the Secretary of the 
Commonwealth. 14 

Section 5 of the Act of June 10, L893, P. L, 421, which 
\c[ supplied thai of 1891, omitted representatives from 
among the State officers by including only judges and sena 
tors by name, whose certificates of nomination and nomina- 
tion papers were to be filed with the Secretary of the Com 
monwealth, and provided thai certificates of nomination and 
nomination papers for candidates for all other offices should 
be filed with the county commissioners of the respective 
counties. In Prohibition Party Nom., 15 the court said: "We 
are not, therefore, prepared to hold that under thelasl men 
tioned Act tho plaintiff's papers were not properly filed 
with the county commissioners." 

In Leh's Contested Election,* 6 the court considered both of 
the above cases and concluded by saying: lt All reasoning 
upon the interpretation of the statute [of L893] is bul specu- 
lative. The Pad remains, that by the classification o( the 
Constitution a member o( the General Assembly is a State 
officer, that a literal reading o( the words of the Act [of 
L893] require 'certificates for State offices to be filed with 
the Secretary o( State,' and that usage, so far as it has growth, 
follows the original precedent." 

In Certificates oi Norn., 17 it had been also decided " thai 
the term * State officers,' used in the fifth section of the A<a 
of L893, is broad enough to include representatives in the 
General Assembly and they are not excluded by the limita- 
tion following, ' including those ^( judges and senators,' 
Representatives in the General Assembly are certainly State 
officers. They are members o( the same general branch o( 
the State government as senators; they are a part of the 
legislative department o( the State government; they meet 
together at the State Capitol to legislate for the State; and 

L4 Page v. Lyter, 3 Disk 632; 15 C. C. 219. 

15 is C. C. 320 (Cumberland Co.). 

16 6 Dist, 155; 5 North. 347 (Northampton Co.). 
iTGri, L99 (Atty.-Gen.). 



Jurisdiction of the Court. 13 

are paid out of the State treasury. In every sense of the 
word, therefore, they are ' State officers/ and the law, which 
provides that certificates of nomination for candidates for 
State officers shall be filed with the Secretary of the Com- 
monwealth, means that the certificates of candidates for 
representatives in the General Assembly shall be filed in his 
office.'' 

But the ambiguity has been removed by the amended sec- 
tion 5 of the Act of July 9, 1897, P. L. 226, which expressly 
renamed representatives among the class required to file 
nomination certificates and nomination papers with the Sec- 
retary of the Commonwealth. 

In AVeyaut's Xom., 18 in deciding that the certificate 
of nomination of a candidate for the office of associate judge 
is required to be filed with the Secretary of the Common- 
wealth, the court said: " The first [class enumerated in sec- 
tion 5 of the Act of 1893] embraces presidential electors, 
members of the House of Representatives of the United 
States, and State officers, i including judges and senators.' 
Judges are nowhere else mentioned, and no distinction is 
made between candidates for judicial offices, whether for the 
supreme court, president judges of the common pleas, or- 
phans' court judges, or associate judges. All must be taken 
as included by the legislative intent in construing the mean- 
ing of the word ' judges.' " 

" There are two classes of offices named in the first clause 
of section 5 of the Act : First, i the offices of presidential 
electors and members of the House of Representatives of the 
United States;' and second, ' State offices, including those of 
judges, senators and representatives.' The first class con- 
sists of offices which, though filled under State laws, are 
practically United States offices. In the next class are put 
first, ' State offices,' by which, we think, are to be understood 
offices the incumbents of which are elected by the people at 
large, and then the offices of judges, senators and repre- 
sentatives, which are specially mentioned and included in 

18 2 Dist. 818; 13 C. C. 561 (Bedford Co.). 



14 The Ballot Law. 



this class, and this completes the class. All these offices are 
filled at the annual general elections.' 



9919 



22. Certificates and papers filed with the county commissioners. 

Certificates of domination and domination Papers for 
candidates for all other offices [than State offices], except 
township and borough offices, shall be filed with the county 
commissioners of the respective counties at least twenty-eight 
and twenty-one days, respectively, before the day of the 
election. 

Certificates of lamination and Nomination Papers for 
candidates for township and borough offices, and election 
officers and school directors in the same, shall be filed with 
the county commissioners at least eighteen and fifteen days, 
respectively, before the day of election. Sec. 5, Act of 
1897, P. L. 226. 

In Shenandoah City Norn., 20 the question of length of time 
within which nomination certificates of justices of the peace 
must be filed was not raised or decided. In that case it 
seemed all parties acted upon the assumption that justice of 
the peace is included in and governed by the provision relat- 
ing to the eighteen-day class. The objection made for the 
first time at the argument, that the nomination papers were 
improperly filed under the eighteen — fifteen-day class inas- 
much as they came under the twenty-eight — twenty-one-day 
class, was held to be too late. 

In Pinglers' NTom., 21 it was decided that a nomination cer- 
tificate or nomination paper of justice of the peace filed eigh- 
teen and fifteen days respectively prior to election should be 
permitted to stand. See also Reed's ISTom. 22 

But " it was decided by Judge Bechtel, in Donahue v. 
Johnson, 8 Dist. 316; 22 C. C. 191, that the certificate of 
nomination of a justice of the peace filed less than twenty- 
eight days before the day of election was not filed in time 
for the reason that the office of justice of the peace is not a 

iQStapleton v. Griest, 5 Dauph. 56; Gri. 196; 26 C. C. 134. 

20 6 Dist. 156 (Schuylkill Co.). 

218 Dist. 620 (Columbia Co.). 

22 10 Dist. 210; 24 C. C. 636 (Northumberland Co.). 



Jurisdiction of the Court. 15 

township or borough office, and he cites several cases decided 
in tiie courts of first instance which sustain this conclusion. 
And in Com. v. Snyder, 5 Dist. 129; 17 C. C. 321, this 
[Dauphin county] court decided that the office of justice 
of the peace conies within the provisions of the Act of June 
29, 1881, P. L. 128, regulating the holding of primary elec- 
tions; following the same cases cited by Judge Bechtel. But 
we do not think the principles of these decisions require us 
to construe the Ballot Act of 1897 so as to require nomina- 
tion papers for the office of justice of the peace to be filed in 
the office of the Secretary of the Commonwealth." 23 



a 



It was not the* intention of the Act of 1897 to single 



tv 



out 



the one local office of justice of the peace and require certifi- 
cates of nomination for this office to be filed in the office of 
the Secretary of the Commonwealth when all other nomina- 
tions for offices to be filled at the annual local elections are 
to be filed in the office of the respective county commission- 
ers. 'None of these cases, as w T e understand them, construe 
the Act of 1897 on this subject further than to decide that 
the office of justice of the peace is not a township or borough 
office within the meaning of the Act, so that the nomination 
certificate may be filed less than twenty-eight days before 
the election; and, as we understand, it has been the uniform 
practice of the office of the Secretary of the Commonwealth 
not to receive and file nomination papers for this office. For 
these reasons we now decide that the office of justice of the 
peace is not one of those included in the classes of nomina- 
tions to be filed in the office of the Secretary of the Common- 
wealth." 23 

23. Rule for computing time. 

In determining or reckoning any period of time men- 
tioned in this act, the day upon which the act is done, paper 

23Stapleton v. Griest, 5 Dauph. 56; Gri. 196: 26 C, C. 134. 

In Rosenstock's Nom., 9 Kulp, 538 (Carbon Co.), nomination cer- 
tificates of directors and auditors of the Middle Coal Field Poor Dis- 
trict, the court held, must be filed with the county commissioners at 
least eighteen days before the day of election, as section five of the 
local Act of 1872, P. L. 214. provided that the annual election for 
said officers should be held at the times and places and in the manner 
provided for the election of borough and township officers. 



16 The Ballot Law. 

filed or notice given, shall be excluded from, and the day of 
election shall be included in, the calculation or reckoning. 
Sec. 5, Act of 1897, P. L. 226. 24 

The failure to file the certificate within the time limited 
by law makes the filing of no effect, and the certificate is 
null and void. 25 

The certificate of a candidate regularly nominated to fill 
the vacancy caused by the death of a candidate can be filed 
after the last day for filing the original certificate. 26 

24. (B) Notice of filing' objections necessary. 

The provision in section 6, Act of 1897, P. L. 228, is that 
" no objection of any nature whatever shall be filed, unless 
accompanied by proof of service of notice of the proposed 
objection upon at least one of the candidates named in the 
certificate or paper objected to." 

" The purpose is plain; the objector is required to inform 
the nominee upon what ground the proceeding is taken, and 
certainly the best, perhaps the only legal way to give the no- 
tice is to serve a copy. This has been the course almost 
universally pursued in previous cases in this court, and we 
trust there may be no exception in the future." 27 

The candidate whose nomination is attacked receives all 
to which the Act entitles him when he is served with a copy 
of the objections. But it is better practice to specify in the 
notice in what particular court the objections are to be filed, 
although failure to specify is not fatal. 28 

25. Manner of service of notice. 

Service of notice of filing objections should be made in 
the manner pointed out by the Acts of Assembly relating to 
service in other proceedings. As the court said " concerning 

24 Filing Certificates, 1 Dist. 759; 12 C. C. 157 ( Atty.-Gen.) . 
25Ewing's Norn., Gri. 38; 3 Dist. 477; 13 C. C. 638; Johnson's Norn., 

8 Dist. 316; 22 C. C. 191 (Schuylkill Co.). 

26 Clay's Norn., 2 Dist. 19; 12 C. C. 419 (Phila. Co.). 

27Fow's Norn., 1 Dauph. 356; 7 Dist. 661; Gri. 117; 22 C. C. 311; 15 
Montg. 115. 

25 Thomas' Norn., Gri. 91 ; 6 Dist. 652; 20 C. C. 165; Shenandoah City 
Noni., 6 Dist. 156 (Schuylkill Co.). 



JuKISDICTIOX OF THE COURT. 17 

the service upon Mr. Aschom of the objections to his certifi- 
cate, lie could not be found after several attempts and re- 
peated inquiries, and a copy of the objections was accord- 
ingly left with his wife, its contents being also explained to 
her. It is objected that this service was not personal and 
therefore void." " The manner of service is not specified 
[in the provision in the Act], and therefore we feel at liberty 
to follow the analogy of other statutes relating to service, 
and to hold the method adopted in the present case to be 
good; otherwise it would be in the power of the person whose 
nomination was to be attacked to prevent the contest by 
secreting himself so that personal service would be impos- 
sible." 29 

26. (C) Proof of service of notice must accompany objections 
at the time of filing. 

"A telegram was sent to the town where one of the candi- 
dates resided, to a person living there, requesting him to serve 
the notice of the filing upon the candidate, which he did 
about eleven o'clock in the evening, but the proof of service 
was not made until the next day, and was not filed with the 
objections in the prothonotary's office until the following 
day. This was not a compliance with the requisites of the 
Act of Assembly to a valid filing of objections, and they 
must, therefore, be stricken off; and this being done, the 
question of the merits of the objections is not before us." 30 

27. Waiver of notice. 

Where pursuant to notice of the hearing, all the parties 
interested appeared in person or by counsel, examined and 
cross-examined the witnesses without objection to the regu- 
larity of the proceedings until after the testimony was closed, 
the court held that, if there was any defect in the proceed- 
ings due to the failure to give notice of the time when the 
objections would be filed, it was waived. 31 

29Ashcom's Norn., 3 Dauph. 48; Gri. 55: 3 Dist. 761; 15 C. C. 418. 
so Palm's Norn.. Gri. 185; 9 Dist, 668: 24 C. C. 476. 
si Wilkesbarre Township Nom., 7 Kulp, 529 (Luzerne Co.); Rife'3 
Case, 16 Lane. 185 (Lancaster Co.). 
9 



18 The Ballot Law. 

28. (D) Objector must be a qualified elector. 

Every qualified voter has the right to object to certifi- 
cates of nomination or nomination papers filed by a party 
seeking to secure a place for its ticket on the official ballot, 
and such right does not depend upon any special or peculiar 
interest. 32 

Not only the candidate, but the party or body of citizens 
that nominated him has an interest in the names upon the 
ballot. 33 

And even to the extent of a party organization the public 
have an interest, and the office, for example, of precinct com- 
mittee-man is not a private matter. 34 

29. (E.) Objections must be filed in the proper court. 

The court has no jurisdiction until objections have been 
filed in writing in the court of common pleas of the county 
in which the certificate or paper objected to has been filed, as, 
for example, the court of common pleas of Dauphin county 
has no jurisdiction to pass upon the validity of the nomina- 
tion certificate of a member of the Legislature, unless objec- 
tions in writing have been filed in the court of common 

32 Citizens' Party Nom., 1 Dauph. 328; Gri. 132; 7 Dist. 641; 21 C. C. 
417 (Stewart. P. J., specially presiding). Citizens' Nom., 7 Dist. 656; 22 
C. C. 65 (Phila. Co.) ; Butler Township Nom., 14 C. C. 470 (Schuylkill 
Co.). Cf. Winton Borough Nom., 2 Lack. 14 (Lackawanna Co.), where 
the court makes a limitation to the right to object: " I fail to see how 
a member of one party can object to the regularity of the nominations 
of another. How can Democrats inquire whether the Republicans have 
made their nominations regularly, or how can Republicans or members 
of any party come in and make objections to the regularity of the pro- 
ceedings of any other party than their own? It is a question of party 
organization and action, with which no one outside of it has any legal 
concern. A party to object to a nomination, the same as an election 
to office, must be in some way affected by it. For the same reason what 
have the voters of one ward to do with the regularity of a caucus in 
another? The only one here among these objectors, who by party affilia- 
tion^ would have a right to object to this matter is Joseph Glenn and 
he, it seems, is a resident of another ward. It is no concern, therefore, 
of him or any of them how the caucus was conducted or called. The 
Republicans of the First Ward are satisfied and that is all we need to 
know about it." And also makes the following limitation, that when 
an elector makes no objection in the caucus at the time to the casting of 
illegal votes knowing them to be illegal, he has no standing in court 
to object, because such illegal votes were cast, to the validity of nomina- 
tion napers proceeding from such caucus. 

33 Hudson v. Martin, 1 Dauph. 340; Gri. 142; 7 Dist. 666; 21 C. C. 
453. 

34 Becker v. Stucker, 18 C. C. 587. 



Jurisdiction of the Court. 19 

pleas of Dauphin county, since that is the county in which 
such nomination certificate must have been filed, i. e., with 
the Secretary of the Commonwealth at Harrisburg; and fur- 
ther, for example, in the case of a nomination certificate of 
an alderman of the city of Lancaster, which must be filed 
with the county commissioners of Lancaster county, the only 
court which can have jurisdiction of such nomination certifi- 
cate is the court of common pleas of Lancaster county, and 
then only (inter alia) after objections in writing have been 
filed therein. 35 

30. Objections must be filed within the time. 

Objections filed five days after the filing of an amended 
affidavit to a certificate of nomination filed after the last day 
for filing the original certificate are not filed within the re- 
quired time and must be dismissed. 36 

An objection made for the first time at the argument of 
objections cannot be considered. 37 

31. Absence of objections raises the presumption of validity. 
All nomination certificates and papers which have been 

filed shall be deemed to be valid, unless objections thereto 
are duly made by writing filed in the court of common 
pleas of the county in which the certificate or paper objected 
to has been filed, and with the officer or officers with whom 
such certificates or papers have been filed, and within the 
following' periods: Sec. 6, Act of July 9, 1897, P. L. 227. 

32. Time within which objections must be filed. 

First. In the case of certificates and papers filed with the 
Secretary of the Commonwealth, at least thirty-five days 
before the day of election in the case of certificates of 
nomination, and at least twenty-eight days before the day 
of election in the case of nomination papers. 

35 Jobes' Norn., 2 Dist. 8 ; 12 C. C. 253 ; Van Storch's Norn., Gri. 35 ; 
2 Dist. 7; 12 C. C. 253: Cooper v. Martin, Gri. 116; 7 Dist. 660; 22 
C. C. 319; Hendley v. Reeder, Gri. 82; 5 Dist. 677; 18 C. C. 457; 
Robbins v. Harrity, 2 Dist. 163; Dailev's Case, 1 Dist. 697; 12 C. C. 
163 (Phila. Co.); Saupp's Case, 2 Blair. 170 (Blair Co.). Cf. Alle- 
gheny City Elections, 12 C. C. 664; 23 Pitts. 364; 6 York, 191 (Alle- 
gheny Co. ) . 

36Ewing's and White's Norn., Gri. 38; 3 Dist. 477; 13 C. C. 638. 

37 Shenandoah City Nom., 6 Dist. 156 (Schuylkill Co.). 



20 The Ballot Law. 

Second. In the case of other certificates and papers, ex- 
cept those designed for borough and township officers, at 
least eighteen days before the day of election. 

Third. In the case of certificates and papers designed 
for borough and township officers, at least twelve days be- 
fore the day of election. Sec. 6, Act of July 9, 1897, P. L. 
228. 

A complainant had a week's time to present his objections 
to the court after the nomination paper was filed and failed 
to avail himself of this adequate remedy, and accordingly was 
held to be without redress, and the bill in equity, by which 
he sought to interpose objections to a nomination paper, was 
dismissed at his costs. 38 

33. (F) Objections must be filed also with the proper officer. 

" The amendments of 1897 to the Ballot Law provide that 
a copy of the objections must be filed not only in the court 
of common pleas of the proper county, but also in the office 
where the certificate or papers were originally filed. ; ' 39 

34. (G) Necessary notice of hearing. 

]STor shall any objection be heard in the absence of any 
of the said candidates without proof of service of notice of 
the hearing upon them. Sec. 6, Act of 1897, P. L. 228. 40 

35. Time and manner of hearing. 

In case the court is in session, one or more judges thereof 
shall proceed to hear such objections without unnecessary 
adjournment or delay, and shall give such hearing pre- 
cedence over all other business before him or them. Sec. 6, 
Act of 1897, P. L. 228. 

In case the court is not in session, any judge thereof, on 
the presentation to him of the certificate of the pro- 
thonotary, that such objections have been filed as aforesaid, 
shall proceed to hear such objections as aforesaid. Sec. 6, 
Act of 1897, P. L. 228. 

38Cassin v. Reeder. Gri. R9 : 5 Dist. 681; 18 C. C. 459. 

39 Thomas' Norn., Gri. 91; 6 Dist. 652; 20 C. C. 165; Saupp's Case, 
2 Blair, 170 (Blair Co.). 

40 See Shenandoah City Norn., 6 Dist. 156 (Schuylkill Co.). 



Jurisdiction of the Court. 21 

36. Time of determination by court limited. 

With respect to certificates and papers filed with the 
Secretary of the Commonwealth, such objections shall be 
heard and finally determined at least sixteen days before the 
day of election. Sec, 6, Act of 1897, P. L. 228. 

37. The power to decide limited. 

The provision of section 6 of the Act of 1897, P. L. 228 : 
" If the court decide that the certificate or paper objected 
to was not filed by the parties entitled under this Act to file 
the same, it shall be wholly void," limits the power of the 
court. It cannot decide " which candidate was the choice 
of a majority of all the delegates," but which of the rival 
bodies was the legal one. 41 

" The court simply takes up the result of a nomination and 
determines whether the nominee is entitled to a place on the 
official ballot." If the certificate or paper is not filed by 
properly-entitled parties, it is wholly void, incapable of 
amendment, 42 

"Authority to inquire, whether there be a political party, 
such as is represented in the certificate, and whether in 
substantial accord with its own rules the certified candidate 
was nominated, is given by the statute both expressly and 
by necessary implication." 43 

38. Jurisdiction to permit amendments. 

But if it [the certificate or paper] be adjudged defective 
only, the court shall indicate the matters as to which it re- 
quires amendment, and the time within which such amend- 
ment must be made. Sec. 6, Act of 1897, P. L. 228. 

" The objectors to the certificate ask us to amend it by in- 
serting the name of Thomas in place of Reitzel therein. 
This we must decline to do, for the reason that we have 
power to amend onlv when the certificate or paper is de- 
fective." 44 

41 Heberling's Norn., 7 Dist. 648 (Carbon Co.. Albright, P. J., specially 
presiding) ; Beck's Norn., 7 Dist. 632 (Phila. Co.). 

42 Mansfield's Norn.. 18 C. C. 431 (Westmoreland Co.). 

43Robb's Nom.. 188 Pa. St. 212; Sanner's Norn., 3 Danph. 198; GrL 
147: 9 Dist. 638: 24 C. C. 53. 

44R e itsel's Norn.. 3 Danph. 306: Gri. 162: 9 Dist. 645; 24 C. C. 382; 
Mansfield's Nom., 18 C. C. 428 (Westmoreland Co.). 



22 The Ballot Law. 

The substituted nomination certificate was conceded to 
be invalid because it did not comply with the provision in 
section 11 of the Act of 1893, P. L. 424, requiring the 
names of all the members to be given when a substituted 
nomination is made by a committee of a political party. A 
motion to amend by adding the omitted names was objected 
to on the ground that the amendment was not of form but 
of substance. The objection was not passed upon, the cer- 
tificate being declared invalid for other reasons. 40 

39. Time within which manifest defects are curable. 

The court does not have power to permit a nomination 
paper to be amended and thereupon direct the Secretary of 
the Commonwealth to receive it in its altered state, after 
he has already refused to receive it as manifestly defective 
•and the last day for filing has passed. The liberality of the 
Ballot Law in its provisions concerning amendments, ap- 
plies to papers only after they have been filed. 46 

" There is no provision of law by which such a [manifestly 
defective nomination] paper rejected by the Secretary of 
the Commonwealth can be amended after the time for filing 
has passed, and no amendment should be permitted by 
future legislation without providing that the paper thus 
amended and filed may still be objected to, although the 
usual time for objections may have expired." 46 

40. Defects amendable. 

The failure of the signers and affiants to vouch the sig- 
natures of the signers of nomination papers may be adjudged 
only a defect which can be remedied under the direction 
of the court. 47 

When the affidavit inadvertently fails to state that the 
signers were qualified electors of the district and the fact 
is admitted to be that the affiants actually made the neces- 
sary affidavits, but the attesting magistrate failed to fill the 
proper blanks, the paper is capable of amendment. 48 

45 Berlin's Nom., 1 Dauph. 353; Gri. 120; 7 Dist. 663; 22 C. C. 615. 

46 Cooper v. Martin. Gri. 116: 7 Dist. 660: 22 C. C. 319. 
47Ewing's and White's Nom., Gri. 38; 3 Dist. 477; 13 C. C. 638. 
48Phelan v. Reeder, 1 Dauph. 284: Gri. 76; 5 Dist. 662: 18 C. C. 229. 



Jurisdiction of the Court. 23 

Papers objected to because defective information is given 
concerning the residences and occupations of certain per- 
sons among the signers are clearly amendable. 49 

The nomination papers of Thomas contained the identical 
appellation appearing upon Stevenson's certificate, which is 
in violation of the first proviso to section 4 of the Ballot 
Act, and Thomas' paper was therefore held to be invalid, 
but susceptible of amendment. 50 

Two of the signers and affiants were not, at the time they 
made affidavit, qualified electors, because they had not paid 
a State or county tax within two years, but this lack of 
qualification is a defect which may be amended. 51 

41. Method of curing defects. 

The object of the provision, that " the signatures to each 
nomination paper and the qualification of the signers shall 
be vouched for by the affidavit of at least five of the signers 
thereof, which affidavit shall accompany the nomination 
paper," is reached by powers of attorney authorizing the 
proper corrections. The purpose of the provision, to pre- 
vent fraud and to insure a reasonable degree of certainty, 
is subserved by powers of attorney by which defects in 
nomination papers can be cured. 52 

42. Dilatory amendments. 

Every certificate or paper amended after the time when 
the names therein contained should have been sent to the 
sheriff shall be subject to the provisions concerning sub- 
stituted nominations. Sec. 6, Act of 1897, P. L. 228, viz. — 

43. Substituted nominations. 

All substituted nomination certificates or papers may be 
objected to as provided in section six of this Act [in the case 
of certificates and papers], and if a substituted certificate 
or paper be filed after the last day for filing the original 

49 Robinson's Norn., 1 Dauph. 360; Gri. 129; 6 Dist. 639; 22 C. C. 321. 

50 Thomas' Norn.. Gri. 91: 6 Dist. 652; 20 C. C. 165. 

51 Butler's Norn., 4 Dist. 187; 16 C. C. 79 ; 7 Kulp, 489 (Luzerne Co.). 
52Thropp's and Hicks' Norn.. Gri. 80: 5 Dist. 664; 18 C. C. 234; Rob- 
inson's Nom.. 1 Dauph. 360; Gri. 129; 7 Dist. 639; 22 C. C. 321. 



24 The Ballot Law. 

certificate or paper, objections must be made within four 
days after the filing, and no objections as to form and con- 
formity to law shall be received after the time set for print- 
ing the ballots. Sec. 12, Act of June 10, 1893, P. L. 424. 
This section was considered in E wing's & "White's 
JSToms., 53 and Clay's ^ T om. 54 

44. Power of the court to mandamus the receiving officer. 

The action of said officer or officers [to whom any 
nomination certificate or paper is brought for the purpose 
of filing], in refusing to receive a certificate or paper, may 
be reviewed by the court of common pleas of the county 
upon an application for mandamus to compel its reception 
as of the date when it was brought to the office. 55 Sec. 6, 
Act of 1897, P. L. 227. 

The writ of mandamus will also lie to compel the receiv- 
ing officer to certify nominations. 56 

45. Power to mandamus an officer of a political party. 

A writ of mandamus will lie to enforce the right of a 
duly registered candidate for the office of precinct com- 
mitteeman, when the chairman of the city executive com- 
mittee refuses to print such candidate's name upon the 
ticket in accordance with the party rules. 57 - 

The writ of mandamus is the proper proceeding to test 
the right of an elector to registration and to have his name 
placed on the official ballot to be voted for at the primaries 
of his party. 58 

53Gri. 38: 3 Dist. 477; 13 C. C. 640. 

54 2 Dist. 19; 22 C. C. 419 (Phila. Co.). 

55 See Clay's Norn., 2 Dist. 19; 12 C. C. 419 (Phila. Co.). 
56McGowan v. Martin, 6 Dist. 645; 20 C. C. 117; 4 Lack. 244. 

57 Becker v. Stucker, 18 C. C. 587; Shoemaker's Norn., 6 Dist. 675 
(Somerset Co., Barker, P. J., specially presiding) ; Weiss v. Havard, 
9 Dist. 493; 6 Lack. 218; 17 Lane. 249 (Lebanon Co., Endlich, J., 
specially presiding). 

58Ginter v. Scott, 2 Dauph. 93: 8 Dist. 536; 22 C. C. 145 (Union Co., 
Simonton, P. J., specially presiding) ; Longenecker v. Barron, 10 Dist. 
429 (Somerset Co., Reppert, P. J., specially presiding) ; Thirty-fourth 
Ward Norn., 11 Dist. 136 (Phila. Co.); Acheson v. Twiford, 192 June T. 
1902 (Beaver Co., Shafer, J, specially presiding). 

The title to the office of county committeeman, which is a public 
office, can be tested by quo warranto. Butler v. Painter, 2 Blair, 219 
(Blair Co.). 



Jurisdiction of the Court. 25 

46. Remedy by injunction. 

A bill in equity for an injunction to restrain the Secre- 
tary of the Commonwealth from certifying and the county 
commissioners from printing the names of certain candi- 
dates on the official ballot will be dismissed when there is 
no proof that the paper nominating such candidates is " de- 
fective, false and fraudulent." 59 

47. Collateral attack. 

When a certificate of nomination has no objections filed 
to it and is regular in form, and the candidate named therein 
is not before the court, an attack made upon such certificate 
is a collateral attack. " It is possible that collateral attack 
upon a certificate might be permitted if a question of fraud 
should be involved, but even then it would be necessary to 
call upon the candidate to appear and defend his right." 60 

48. Action of convention on a matter of policy not reviewable 
by the court. 

The action of a convention upon a matter of policy is not 
reviewable by the court. 61 

49. Court cannot interfere with the exercise of discretion vested 
in a convention. 

Where everything appears to have been done in a legal 
and orderly way and the contestant has lost the nomination 
through misfortune, not through any fraud or illegality, 
the court has no power to interfere with the exercise of the 
discretion vested in the convention. 62 

50. Power of the court over a primary election and convention 
of return judges to count the vote. 

When the primary election is not held by the legal officer 
but by one who usurps the office, the court will not allow 

59Hendley v. Reeder, Gri. 82; 5 Dist. 677; 18 C. C. 456. 

60 Thomas' Norn., Gri. 91; 6 Dist. 652; 20 C. C. 165. 

eiMagee's Nom., 1 Dauph. 364; Gri. 72; 5 Dist. 654; 18 C. C. 225. 

62 Davis' Nom., 3 Dist. 824; 15 C. C. 305; 25 Pitts. 206 (Armstrong 
Co.) : Sterr v. Martin, 1 Dauph. 361; Gri. 136: 7 Dist. 644; 21 C. C. 
422 (Stewart, P. J., specially presiding) ; Magee's Nom., 1 Dauph. 364; 
Gri. 72; 5 Dist. 654; 18 C. C. 225. 






26 The Ballot Law. 

the usurper's return to be counted, as is illustrated in the 
following case: " The election in Ogle precinct was not held 
by the legal judge of election, and he was prevented from 
holding it by having served on him a paper containing a 
statement that was false both in fact and in law. The execu- 
tive committee had, in fact, approved his appointment, and 
the approval was legal. He had held the February primary 
without objection and without its legality being questioned. 
He was holding the office by color of a valid appointment, 
and it cannot be questioned that the election, if held by him, 
would have been legal. His actions and the tenor of his 
testimony show that there was no reason whatever to fear 
that he would not hold the election honestly. And if he 
had been permitted to hold it, no one can doubt that he 
would have returned the vote fairly, and in that event it 
would have been counted in the convention. For the fact, 
if it had then occurred, that the return mailed did not 
reach the chairman until after the convention had adjourned 
would have been no reason for not counting it, and if the 
convention had failed to count it we would have corrected 
its mistake. But this contingency would doubtless not have 
arisen, as Bomgardner was present at the convention, and 
if he had held the election he would have had the return 
with him. And this vote when thus legally cast, so that it 
would be counted, would have changed the majorities and 
would have nominated Mr. Sanner instead of Mr. Koontz; 
a result which has been made impossible by the act of those 
who counsel the usurpation as well as those who actually 
usurped the place of the legal judge of election in Ogle 
precinct. Whether the inspector and clerks of the preced- 
ing primary were absent or not, we do not know, but in any 
primary were absent or not, we do not know, but in any 
event the election was not held by the legal officer, and 
therefore the return cannot be counted." 63 

63Sanner's Norn., 3 Dauph. 198; Gri. 147; 9 Dist. 638; 24 C. C. 53; 
Falkenstein's Nom., 30 Pitts. 255 (Allegheny Co.). Cf. Mansfield's 
Norn., 18 C. C. 428 (Westmoreland Co.). 



Political Combinations, their Respective Eights. 27 

CHAPTER III. 

Political Combinations and their Respective Rights. 

51. To what extent legislation affects political combinations and quali- 

fied electors. 

52. Legal status of party member. 

53. Test of party membership. 

54. Legal status of political combination. 

55. Kinds of political combinations. 

56. Section 2, Act of 1897, P. L. 180, providing for nominations by 

certificate. 

57. Only political, parties can file certificates of nomination. 

58. A political party may nominate also by nomination papers. 

59. A political party defined. 

60. A political body defined. 

61. A few seceders cannot be the original party. 

62. The provision of section 3, Act of 1897, P. L. 223, providing for 

nominations by nomination papers. 

63. A combination less than a party can nominate only by nomination 

papers. 

64. Status of Fusion party. 

65. Purpose of the provision for nominating by nomination papers. 

66. A political party may nominate candidates already nominated by 

another party. 

67. Extent of the right of a political body to nominate by nomination 

papers. 

68. The right to separate columns on the ballot. 

69. A political body may nominate a candidate already nominated by 

the certificate of a political party. 

70. The number of voters signing and the area of the district for which 

the candidate is named and the proportion of votes cast at the 
last election in such district, determine the right of a political 
body to name a candidate already named by certificate. 

51. To what extent legislation affects political combinations 
and qualified electors. 

" While our legislation recognized political combinations, 
it has nothing to do with their creation, continuance or dis- 
solution. Not being born under the law, they are not sub- 
ject to it. They are left free to govern themselves and 
regulate their own action. The law does not compel the 
citizen to attach himself to any; he may or he may not, as 
suits his pleasure. When he does, the law has nothing to do 
with the terms or conditions of his membership. It takes 
no notice of his standing in the society, except it be official, 
and then only in a single case, and cares nothing as to 
whether he gives much or little support, whether he votes 



28 The Ballot Law. 

its ticket straight or scratched, regularly or only occasion- 
ally. The measure of his activity and allegiance concerns 
only himself and the party. 1 

" But this indifference of the law ceases when the action 
of a political combination brings it into relation with what 
is known as the official ballot." 1 

52. Legal status of party member. 

When a member of a political party demands a place on 
the official ballot to be voted at a primary election of the 
party, and this right is challenged, the law concerns itself 
to inquire just what the rights of the plaintiff member are, 
and this involves an inquiry into the composition and char- 
acter of the political combination, the examination of and 
construction of the party rules, and an inquiry into the 
status of the plaintiff member. 2 The correctness of the 
official ballot to be voted at a general election is dependent 
on the rightness of the nominations of a party. 

53. Test of party membership. 

In Ginter v. Scott 3 the court did not decide " the question, 
whether a member of a party, whose rules prescribe that 
he must, if challenged, be able to swear that he had voted 
the entire ticket of his party at the preceding election, 
would be bound thereby;" but the court did say that " it is 
a well-known fact that the application of such a test would 
at times disfranchise tens of thousands of known members 
of one or other of the prominent parties. Party faith and 
party fealty are not to be so strictly construed that a voter 

i Citizen Party Norn., 1 Dauph. 328; Gri. 132; 7 Dist. 641; 21 C. C. 
417 (Stewart, P. J., specially presiding). 

2 Citizen Party Norn., 1 Dauph. 328; Gri. 132; 7 Dist. 641; 21 C. C. 
417 (Stewart, P. J., specially presiding) ; Becker v. Stucker, 18 C. C. 
587; Ginter v. Scott, 2 Dauph. 93; 8 Dist. 536; 22 C. C. 145 (Union 
Co., Simonton, P. J., specially presiding) ; Weiss v. Havard, 9 Dist. 
495; 6 Lack. 218; 17 Lane. 249 (Lebanon Co., Endlich, J., specially 
presiding) . 

3 2 Dauph. 93; 8 Dist. 536; 22 C. C. 145 (Union Co., Simonton, P. J., 
specially presiding). 



Political Combinations, their Respective Rights. 29 

may, against his will, be amoved from his party because he 
chooses occasionally to vote for a candidate of another po- 
litical faith." 

In that case the Republican party rule, which provided 
that " all known Republicans qualified to vote at the ensuing 
general election, shall be permitted to vote at the primary 
election," was construed to prescribe the qualifications of 
Republicans, and of them only. ~No others than Republi- 
cans are mentioned in this rule, nor does it apply to any 
others. 

The rule which provided that " no known Democrat, Pro- 
hibitionist, Populist, or any member of any other party, 
shall be allowed to vote, unless said voter makes affirmation, 
if challenged, that he voted the entire Republican ticket 
at the preceding general election, and will vote for the ticket 
nominated at the primary election then holding. The same 
rules and qualifications shall apply to all candidates," was 
construed to apply not at all to Republicans, who are not 
named therein, but only to members of other parties that 
are specifically named or referred to. It is these, and these 
alone, who, if challenged, must comply with the rule. 

Both rules were unsuccessfully invoked against the rela- 
tor who sought to have his name placed on the ballot as a 
candidate for delegate to the State convention. He " was 
always known as a Republican until the time of the general 
election of 1898. A short time before that election, he 
signed a nomination petition on behalf of a candidate of the 
Democratic party, for nomination as a candidate of the Pro- 
hibition party also, for member of the House of Representa- 
tives, and at that election he voted for two candidates on the 
official ballot not of the Republican party, and voted for 
all the other Republicans on the ballot. He did not elec- 
tioneer for the Prohibition candidates, nor do any other act 
tending to show that he had joined that party, except those 
stated above. And we find as a conclusion of fact that he 
did not by the action above stated become a known Pro- 
hibitionist, and was not such at the time he applied for 
registration as a candidate, and is not now such. 



30 The Ballot Law. 

" It cannot be said with any show of reason that a mem- 
ber of long standing in a party ceases to be such by occa- 
sional voting for one or more candidates of another party. 
There come times when members of one political faith con- 
ceive it to be their duty, as well as their right, to vote for 
candidates of another faith, and it would certainly be con- 
trary, not only to sound public policy, but also to the fact, 
to hold that they thereby cease to be members of the party 
for whose candidates, with such occasional exceptions, they 
have always voted and still intend to vote. 

: ' We cannot decide that by thus voting relator became 
a Prohibitionist or ceased to be a Republican, without imply- 
ing the same of every one under like circumstances, and it 
is enough to appeal to the consciousness of every loyal mem- 
ber of any party to learn that this cannot be done. Every 
such person knows that voting, on occasions, for a candidate 
of another party does not make him cease to be a member 
of his own. But if this be so, we must apply the same rule 
to the relator. And the same test must be applied to the 
signing of a nomination paper with the same result. Some 
persons might have such a strong party feeling that they 
would not sign a nomination paper for a member of another 
party or of a group which desired to express its opinion at 
the polls. Others would sign without any intention thereby 
of breaking away from their party fealty. If, in addition 
to signing, the relator had been active in promoting the suc- 
cess of the Prohibition party; if he had joined himself to 
its partisans; if he had shown by his words or his actions 
that he had actually left his own party and joined another, 
the situation might be changed; but we cannot infer that 
he changed his party from the mere act of voting for the 
candidate of another party on one occasion, which we know 
is done at every election by many who do not intend to 
change, and as a matter of fact do not change, their party. 
Nor can we infer it from the fact of signing a nomination 
paper without proof of having followed it up, or having 
taken anv further interest in it. So far as the evidence 



Political Combinations, their Respective Rights. 31 

discloses, it may have been' merely the act of one friend on 
behalf of another.". 

This subject has been referred to also in Huey's Nom., 4 
Jeffries' Xom., 5 and Thomas v. Smith. 6 

54. Legal status of political combination. 

\Yhen a political combination " demands for its candi- 
dates a place on the official ballot, and its right to this is 
challenged, the law concerns itself to inquire just what its 
rights are; and this involves an inquiry into the composition 
and character of the combination." 7 

Authority to inquire whether there be a political party 
" such as is represented in the certificate, and whether in 
substantial accord with its own rules the certified candidate 
was nominated, is given by the statute both expressly and by 
necessary implication." 8 

55. Kinds of political combinations. 

All political combinations are divided into two kinds, and 
in the language of the statute are styled political parties 
and political bodies. 

Every political party is necessarily a combination, but 
every combination is not a party. 

This dictinction governs not merely in procedure, but the 
rights and powers of these different political combinations 
with respect to the official ballot are determined therefrom, 
and this distinction is necessary to give the ballot system 
reasonable efficiencv. 9 



4 6 Dist. 115; 19 C. C. 138 (Phila. Co.). 

5 3 Dauph. 291; Gri. 169; 9 Dist. 663; 24 C, C. 535; 6 Lack. 297. 

6 9 Dist. 471 (Chester Co.). 

1 Citizens' Party Norn., 1 Dauph. 328; Gri. 132; 7 Dist. 641; 21 C. C. 
417 (Stewart, P. J., specially presiding); Mansfield's Nom., 18 C. C. 
430 (Westmoreland Co.). 

SRobb's Nom., 188 Pa. 212. 

9 Citizens' Party Nom., 1 Dauph. 328; Gri. 132; 7 Dist. 641; 21 C. C. 
417 (Stewart, P. J., specially presiding); Sterr v. Martin. 1 Dauph. 
361; Gri. 136; 7 Dist. 644; 21 C. C. 422 (Stewart, P. J., specially pre- 
siding). See sections 198 and 199. 



32 The Ballot Law. 

56. Section 2, Act of 1897, P. L. 180, providing for nominations 
by certificate. 

Any convention of delegates, or primary meeting of elec- 
tors, or caucus held under the rules of a political party, or 
any board authorized to certify nominations representing 
a political party, which, at the election next preceding, 
polled at least 2 per centum of the largest entire vote for 
any office cast in the State, or in the electoral district or 
division thereof for which such primary meeting, caucus, 
convention, or board, desires to make or certify nomina- 
tions, may nominate one candidate for each office which is 
to be filled in the State, or in the said district or division, 
at the next ensuing election by causing a certificate of nomi- 
nation to be drawn up and filed as hereinafter provided. 
Every such certificate of nomination shall be signed by the 
presiding officer and the secretary or secretaries of the con- 
vention, or primary meeting, or caucus, or board, who shall 
add thereto their places of residence, and shall be sworn or 
affirmed to by them before an officer qualified to administer 
oaths, to be true to the best of their knowledge and belief, 
and a certificate of the oath shall be annexed to the certifi- 
cate of nomination. Provided, that if any political party 
has by its rules provided for a registration of candidates for 
nominations, and at the time limited for such registration, 
or at any subsequent time, by reason of withdrawal or other 
cause there shall be no more candidates for any office regis- 
tered or remaining than are to be elected to such office, the 
person or persons so registered or remaining shall be deemed 
the nominee or nominees, with the same effect as if he or 
they had been nominated by a convention or primary meet- 
ing, or caucus, or board. And one or more or all of the 
officers of the committee of such political party with Avhich 
such registration shall be made, or the officer with whom 
it is made, shall make a certificate of such nomination in 
the same manner and with the same effect as if there had 
been a nomination by a convention, or primary meeting, or 
caucus, or board. 



Political Combinations, their Respective Rights. 33 

57. Only political parties can file certificates of nomination. 

The right to file a certificate of nomination is given only 
to a political party. 10 

58. A political party may nominate also by nomination papers. 

A political party, however, is not confined exclusively to 
the method of nominating by certificate of nomination, but 
may also nominate by means of nomination papers. 11 

59. A political party defined. 

A group of citizens to come within the legislative mean- 
ing of a political party must have certain characteristics, 
all of which are essential : 

1. It must have polled at least 2 per centum of the larg- 
est entire vote for any office cast in the State, or in the 
electoral district or division thereof for which it desires to 
make or certify nominations. 

2. " It must, in its aims and purposes, be as broad as the 
State itself. That is to say, its purpose must be to accom- 
plish results affecting and concerning the entire citizenship, 
as distinguished from those of a particular section or dis- 
trict. Not that it must have supporters in every political 
subdivision of the State; it may have them in but a single 
county, and yet be a political party; but its object must be 
of general concern, so that it can invite to its support the 
people of the State, irrespective of locality." 

3. It must have rules and a definite system of organi- 
zation. 

Essentials 2 and 3 must have been present at the time of 
the first essential. 12 

io Citizens' Party Norn., 1 Dauph. 328; Gri. 132; 7 Dist. 641; 21 
C. C. 417 (Stewart, P. J., specially presiding) ; Jeffries' Nom., 3 
Dauph. 288; Gri. 169; 9 Dist. 663; 24 C. C. 529; 6 Lack. 291; Public 
Opinion Party Nom., 11 Dist. 109 (Phila. Co.). 

11 Kreimer's Nom., 2 Dauph. 293 ; Gri. 143 ; 8 Dist. 603 ; 22 C. C. 
618; 30 Pitts. 163. 

12 Citizens' Party Nom., 1 Dauph. 328; Gri. 132; 7 Dist. 641; 21 
C. C. 417 (Stewart, P. J., specially presiding) ; Jeffries' Nom., 3 Dauph. 
291; Gri. 169; 9 Dist. 663; 24 C. C. 529; 6 Lack. 297; McKinlev 
Citizens' Party Nom., 6 Dist. 109; 19 C. C. 132 (Phila. Co.) ; Public- 
Opinion Party Nom., 11 Dist. 109 (Phila. Co.) ; Huey's Nom., 6 Dist. 

3 



34 The Ballot Law. 

60. A political body defined. 

The lack of any essential necessary to constitute a politi- 
cal party reduces the combination of electors to what the 
legislature has termed a political body which can nominate 
only by nomination papers. 13 

" While any body of electors in sufficient numbers may 
file a nomination paper, the test to be applied is, did they 
intend the accomplishment of but a single, specific act, or 
did they indicate continuity of aim or policy, and give evi- 
dence of such purpose by some kind of organization." 14 " 

61. A few seceders cannot be the original party. 

When a political party has exercised its functions and 
made nominations, a bolting faction, claiming without war- 
rant to use the party name, is an usurping body of persons 
powerless to hold a nominating convention. As was said in 
Bunday's Nom. : 15 " These certificates were made by a body 
of persons purporting to act as a nominating convention of the 
People's party in the county of Crawford. They are objected 
to upon the ground that the People's party had held its con- 
vention several months previous, and had filed certificates 
of nomination for the same offices — senator and representa- 
tives — this second meeting being held by a bolting faction 
claiming without warrant to use the party name. No at- 
tempt was made to support the certificates in controversy, 
and there seems to be no real dispute concerning their inva- 
lidity. It appeared from the evidence that a few persons — 
scarcely more than twenty — met in the city of Meadeville 
on August 23d, coming from only five of the sixty-one voting 
districts in the county, and without a roll-call or the pre- 

115; 19 C. C. 138 (Phila. Co.) ; Mansfield's Norn., 18 C. C. 430 (West- 
moreland Co.); Barry's Norn., 11 Dist. 107; 32 Pitts. 327 (Allegheny 
Co.). 

13 Citizens' Party Norn., 1 Dauph. 328; Gri. 132; 7 Dist. 641; 21 C. C. 
417 (Stewart, P. J., specially presiding) : Jeffries' Nom., 3 Dauph. 291; 
Gri. 169: 9 Dist. 663; 24 C. C. 529; 6 Lack. 297. 

l4McKinley Citizens' Partv Nom., 6 Dist. 112; 19 C. C. 132 (Phila. 
Co.) ; PublicOpinion Party Nom., 11 Dist. 109 (Phila. Co.). 

15 1 Dauph. 372; Gri. Ill; 7 Dist. 625: 22 C. C. 348. See also Gib- 
bon's Nom., 5 Dist. 194; 2 Lack. 6 (Lackawanna Co.). 



Political Combinations, their Respective Rights. 35 

sentation of credentials, or any effort made to discover who 
were legally entitled to sit in the body, proceeded to make 
the nominations in question. These persons belonged to a. 
small body of voters, who separated from the People's party 
in 1897 and cast 205 votes that year for a ticket of their 
own. They were denied admission to the State convention 
of the party, and are so evidently without standing to claim 
the party name in the county of Crawford that further dis- 
cussion is unnecessary. The conclusion must be, that the 
meeting from which these certificates proceeded was not a 
nominating convention of the People's party in the county 
of Crawford, and therefore had no authority to use the 
party name." 

62. The provision of section 3, Act of 1897, P. L. 223, provid- 
ing for nominations by nomination papers. 

Nominations of candidates for any public office may also 
be made by nomination papers, signed by qualified electors' 
of the State, or of the electoral district or division thereof 
for which the nomination is made, and filed in the proper 
office as provided in section 5 of this Act. 

63. A combination less than a party can nominate only by nomi- 
nation papers. 

The Citizens' party had never adopted a declaration of 
its principles, and was without platform or any other written 
or printed expression of view upon any question, whether 
political or otherwise. It came into existence a short time 
prior to the preceding municipal election in Philadelphia 
at which it cast 43,122 votes for its candidate for a purely 
local office. It was without rules until the subsequent June 
2d, when, at a convention called for the purpose, rules were 
adopted and candidates named for both State and local 
offices, said call having been made by public advertisement 
addressed to none but qualified electors of the city and 
county of Philadelphia. Said State candidates had already 
been nominated by one of the established and recognized 
parties in the State. On objections filed, the court held that 



36 The Ballot Law. 

said Citizens' party was not entitled to file certificates of 
nomination, and could secure a place for its ticket on the 
official ballot only through nomination papers. 16 

64. Status of Fusion party. 

A fusion party, composed of persons identified, some 
with one and some with another existing political party with 
which they act in ^National or State affairs, or both, who 
unite in support of a local ticket, the candidates upon which 
are not pledged to the attainment of any end or the advo- 
cacy of any public measures which some one of the estab- 
lished political parties does not seek or profess to accomplish, 
is not a political party within the meaning of the Act of 
Assembly. The requisite number of votes cast is not an 
all-sufficient criterion to constitute a combination of electors 
.a political party entitled to file nomination certificates. 

The Fusion party of Chester county, which was made up 
of several co-operating elements, of which the Independent 
Republicans were one, and " of persons of all political faiths 
in the county," is an illustration. There was no abnegation 
of faith in, nor absolution of allegiance from, existing par- 
ties required to become a Fusionist. 

u It ordained no creed, it adopted no platform, it issued no 
declaration of principles, and promulgated no fellowship of 
opinion or purpose in respect to public affairs, or in opposi- 
tion to the well-defined principles of established parties. 
The fused body, if indeed there was an amalgam of the 
diverse elements which were its constituents, is silent in 
respect to aims and objects which concern the public good. 

"A political party advocates measures and adopts prin- 
ciples which are believed to promote and perpetuate the 
public welfare, and which affect or relate to the entire com- 
munity or nation." 

" There may be the prescribed number of votes cast at a 
preceding election to constitute the aggregation of voters 

16 Citizens' Party Nom., 1 Dauph. 328; Gri. 132; 7 Dist. 641; 21 
C. C. 417 (Stewart, P. J., specially presiding) ; McKinley Citizens' 
Party Nom., 6 Dist. 109; 19 C. C. 132 (Phila. Co.) ; De Walt v. Bart- 
ley, 146 Pa. 542. 



Political Combinations, their Respective Rights. 37 

a political party, but if the body does not also avow or pro- 
claim a dogma or doctrine which invites support from the 
community at large, and not a section or a fragment of it, 
and which is necessarily antagonistic to the tenets of recog- 
nized organizations or some of them, it cannot be a political 
party according to the legislative intent. The Fusion move- 
ment signifies the increase in legislative representation of 
one of the political parties, and the election of candidates 
in accord with another of the elements which further and 
promote it." 

" Stripped of all disguises, the dominant aim of fusion is 
the defeat of the dominant element of a political party, to 
the accomplishment of which the servient or dissenting ele- 
ment is allured by the ever-springing hope and a commend- 
able expectation of becoming the dominant element itself. 
Sometimes it has a loftier mission, but, generally speaking, 
all the rest is tributary and mostly scenic." 

a A follower of the fusion movement may still be a Repub- 
lican or a Democrat respecting National or State affairs. He 
is a local Fusionist, and at the same time a National, State 
or congressional Republican, Democrat, or Prohibitionist. 
As an individual, that is his right. As a party follower 
with a separate column on the official ballot, he could not 
vote for presidential electors, State officers, or Congress by 
a cross-mark within the circle at the top. If he voted by 
cross-mark, he would vote only the local county ticket. If 
he desired to vote for President, a State officer and con- 
gressman, he would be obliged to mark every name except 
for presidential electors, as well as on his own local party 
ticket as on that of any of the existing parties which have 
placed a National, State, or congressional ticket in nomi- 
nation. 

"A political party can nominate only ' one candidate for 
each office which is to be filled/ and an elector can vote for 
one candidate nominated for such office. Political party 
membership ought to be restricted to the singular number, 
just as a political party is restricted to the nomination of a 
single candidate, or an elector is restricted to a single vote 



38 The Ballot Law. 

for a candidate for office. To say that a person is a church- 
member implies membership of one denomination, and it 
would be somewhat of an incongruity to say that he is a 
member of two different denominations. This would be 
heightened if it were said of such person, for instance, that 
he is a Presbyterian-at-large, but locally a Baptist. 

" The Fusion party of Chester county, so designated, is 
composed of persons identified, some with one and some with 
another existing political party, with which they act in 
National or State affairs, or both, who unite in support of a 
local ticket, the candidates upon which are not pledged to 
the attainment of any end, or the advocacy of any public 
measures, which some one of the established political parties 
does not seek or profess to accomplish. Such an association, 
however respectable in numbers or reputable in character, 
is not a political party within the meaning of the Act of 
Assembly," and therefore not entitled to file certificates of 
nomination, but must obtain recognition on the official bal- 
lot by means of nomination papers. 17 

65. Purpose of the provision for nominating by nomination 
papers. 

" The law was not designed to advance the interests of 
political combinations, but to secure a safe and convenient 
ballot, that in its turn would secure an honest and intelligent 
expression of the popular will. It regards a mere political 
combination — one less than a party — as a body of dis- 
senters, and affords them facility for expressing their dis- 
sent on the official ballot, by placing thereon a candidate. 
* * * The manifest purpose of section 3 of the Act we 
are considering [nominating candidates by nomination 
papers], was to insure to the electors of the State a liberty 
which no party discipline could hinder or restrain, and to 
enable them to attempt, at least, by the use of a common 

17 Jeffries' Norn., 3 Dauph. 291; Gri. 169: 9 Dist. 663: 24 C. C. 529 
6 Lack. 297; Huey's Norn., 8 Dist. 113; 19 C. C. 138 (Phila. Co.) ; Gib- 
bon's Nom., 5 Dist. 194; 2 Lack. 6 (Lackawanna Co.). 



Political Combinations, their Kespective Eights. 39 

ballot, the accomplishment of something that no party has 
provided for. Beyond this it does not go." 18 

66. A political party may nominate candidates already nomi- 
nated by another party. 

It is an unquestioned right that each politial party has to 
name its own ticket and constitute it as it pleases. 19 

"At least in the absence of a rule to the contrary, a 
nominating convention of one party is certainly at liberty 
to choose a candidate of a different political faith. This 
power has been exercised repeatedly without challenge, and 
indeed its existence is not denied/' 20 

It can nominate the same person or persons already named 
or named simultaneously by another political party or 
parties. 21 

The provision that the name of any candidate shall not 
appear more than once by certificate of nomination, or more 
than once by nomination papers, upon the official ballot, is 
void. 22 

" In Com. ex rel. McGowan v. Martin, 23 the facts were that 
candidates for the office of judge of the courts of common 
pleas of the city of Philadelphia were nominated by both 
the Republican and the Democratic nominating conventions, 
and certificates of nomination in accordance therewith were 
filed in the office of the Secretary of the Commonwealth, 
and that the Secretary declined to certify these nomina- 
tions to the county commissioners and sheriff in such form 
that the names of the candidates would appear in both the 
Republican and the Democratic columns of the official ballot, 
and declared that the names of the nominees should appear 
once only on the official ballot by certificate of nomination; 

isSterr v. Martin, 1 Dauph. 361: Gri. 136: 7 Dist. 644; 21 C. C. 
422 ('Stewart, P. J., specially presiding) ; Jeffries' Norn., 3 Dauph. 291; 
Gri. 169; 9 Dist. 663; 24 C. C. 529; 1 Lack. 297. 

l9Sterr v. Martin, 1 Dauph. 361: Gri. 136; 7 Dist. 644; 21 C. C. 
i24 (Stewart. P. J., specially presiding). 

20Magee's Norn., 1 Dauph/ 364; Gri. 72; 5 Dist. 654; 18 C. C. 225. 

21 Sterr v. Martin, supra. 

22Swone v. Reeder, 6 Dist. 605: 20 C. C. 113. 

23 6 Dist. 645; 20 C. C. 117; 4 Lack. 244. 



40 The Ballot Law. 

whereupon a petition was presented to this court, asking 
for a writ of mandamus to compel the Secretary to so certify 
the nominations that they would appear in both the Republi- 
can and Democratic columns on the official ballot; and after 
hearing the argument this court issued a peremptory man- 
damus to compel the Secretary of the Commonwealth to 
certify the names of the nominees for insertion on the official 
ballot in both the Republican and Democratic columns, say- 
ing ' the provision in question is clearly incapable of execu- 
tion for several reasons. Among others, it furnishes the 
Secretary of the Commonwealth no rule to govern his choice 
among certificates of nomination containing the same names, 
thus compelling him to act arbitrarily, or from mere caprice ; 
and further, it could not be carried into effect, because it 
conflicts with certain fundamental commands of the ballot 
law.' This decision was followed in Gunster's Nomina- 
tion. 24 We have therefore twice decided against the con- 
tention of the petitioner, the precise and only point on 
which his claim to the writ of mandamus rests, and one of 
these decisions relates to the election here sought to be con- 
tested. 

" There is a stronger reason for holding the clause of the 
Act of 1897 in question [" Upon the official ballots trans- 
mitted as herein provided by the Secretary of the Common- 
wealth and county commissioners, and upon the ballots to be 
voted at any election, the name of any candidate shall not ap- 
pear more than once by certificate of nomination or more than 
once by nomination papers," P. L. 229] inoperative in 
the case now before us than in either of those cited. The 
official ballots have been issued, the election has been held, 
and the qualified electors have declared their choice by the 
use of the only ballots they could have used. They have not 
been at fault in any respect. Under these circumstances, 
even if the Secretary of the Commonwealth erred — and 
we hold he did not — in placing the name of Frederick W. 
Gunster on the official ballot in both the Democratic and 

24 1 Dauph. 370; Gri. 102; 21 C. C. 350; 1 Del. 370. 



Political Combinations, their Respective Rights. 41 



Republican columns, his action ought not to invalidate and 
destroy the choice of the electors." 25 

As to the rule by which the Legislature makes the nomina- 
tions in certain cases, see the proviso of Sec. 2, Act of 189?, 
P. L. 180. 

67. Extent of the right of a political body to nominate by 
nomination papers. 
In sustaining the following objection to a nomination 
paper, viz. : " That it seeks to nominate presidential electors, 
representatives at large in Congress, and other State officers, 
as well as candidates for separate congressional, senatorial 
and representative districts in the city of Philadelphia, by a 
single paper," the court said that " it is contrary to the letter, 
and it is certainly in violation of the spirit, of the Ballot Act 
to make nominations in this manner. It is manifest that the 
sole object sought is to obtain a place for certain local candi- 
dates on the official ballot, in a column headed by the Elec- 
toral and State tickets, under the appellation of the i Crow 
Anti-Combine Party.' But all the electors and State officers 
named in these papers have been already regularly nomi- 
nated, and their names will appear on the official ballot in 
the column of the Republican party. To duplicate them on 
the official ballot in another column would tend to cause 
confusion and embarrassment to the voters throughout the 
State. If it could be done in this instance, it might be done 
as often as any local candidate chose so to do, and in the 
end, instead of one column, containing the Electoral and 
State tickets, there might be five or ten, or more, all nomi- 
nating the same persons." 26 

25 Smith v. McCormick, 2 Dauph. 46; 8 Dist. 117: 22 C. C. 325. Cf. 
Leonard v. Peeder, 3 Dauph. 51; Gri. 58; 5 Dist. 600; 18 C. C. 315. 
See also Pittsburg Citizens' Party Nom., 11 Dist. 208; 32 Pitts. 293 

(Allegheny Co.), where the court said: "The natural meaning of the 
words [of said provision] is that the name must not appear more than 
once in either of these two ways," i. e., by nomination certificate and 
bv nomination paper. 

'26 Omnibus Nom.. 1 Dauph. 286; Gri. 81; 5 Dist. 665; 18 C. C. 235; 
Thirty-fourth Ward Nom., 11 Dist. 137 (Phila. Co.). See also Jeffries 
v. Griest. 3 Dauph. 288; Gri. 189; 9 Dist. 683; 24 C. C. 414, as to the 
ground of the decision in Sterr v. Martin, 1 Dauph. 361; Gri. 136; 7 
Dist. 644; 21 C. C. 422 (Stewart, P. J., specially presiding). 



42 



The Ballot Law. 



68. The right to separate columns on the ballot. 

The names of the candidates of each political party or 
body of electors shall be arranged under the titles of the 
offices for which they are nominated in parallel columns, 
with the party or political appellation at the head of each 
column. The said columns shall be inclosed by heavy lines 
and separated from each other by a clear space of at least 
one-eighth of an inch, and shall be printed in the order, as 
nearly as possible, of the votes obtained in the State at the 
last State election by the parties, or bodies nominating, be- 
ginning with the party, or body, which obtained the highest 
vote for the candidate, at the head of the column, at such 
election. Sec. 14, Act of 1897, P. L. 231. 

69. A political body may nominate a candidate already nomi- 
nated by the certificate of a political party. 

Objections were filed to the nomination papers of Lewis 
Emery, Jr., nominating him as a candidate of the Lincoln 
party for Congress from the twenty-seventh district, on the 
ground that he had already been nominated for the same 
office by the Democratic party, to whose certificate of nomi- 
nation no objections were filed, thereby insuring the placing 
of his name on the official ballot. Held, that said nomina- 
tion papers were valid. 27 



70. The number of voters signing and the area of the district 
for which the candidate is named and the proportion of 
votes cast at the last election in said district, determine 
the right of a political body to name a candidate already 
named by certificate. 

Where the nomination is for any office to be filled by the 
voters of the State at large, the number of qualified electors 
of the State signing such nomination paper shall be at least 
one-half of one per centum of the largest vote for any officer 
elected in the State at the last preceding election at which 
a State officer was voted for. 

27 Emery's Norn., 5 Dauph. 60; Gri. 187. 



Political Combinations, their Respective Rights. 43 

In the case of all other nominations the number of quali- 
fied electors of the electoral district, or division, signing 
such nomination paper, shall be at least two per centum of 
the largest entire vote for any officer elected at the last 
preceding election in the said electoral district or division 
for which said nomination papers are designed to be made. 
Sec. 3, Act of 1897, P. L. 223. 

The ground of the decision in Sterr v. Martin 29 seems to be 
that in that case these conditions were not complied with. 
Thus in Jeffries v. Griest, 28 the court say: "A reference 
to the pleadings [in Sterr v. Martin 29 ] will show that 
the plaintiff based his claim to a mandamus on the 
fact that ' he and other qualified electors of a legislative dis- 
trict in the city of Philadelphia, constituting in number 
more than two per centum of the largest entire vote cast for 
any official elected at the last preceding election in the legis- 
lative district, had signed a nomination paper for the purpose 
of placing persons in nomination for the offices of governor, 
lieutenant-governor, congressman-at-large and judges of the 
superior courts.' The Act of June 10, 1893, P. L. 419, 
as amended by the Act of July 9, 1897, P. L. 226, provides 
that ' where the nomination is for any office to 1 be filled by 
the voters of the State at large, the number of qualified 
electors of the State signing such nomination paper shall be 
at least one-half of one per centum of the largest vote for 
any officer elected in the State at the last preceding election 
at which such officer was voted for.' 

" But the claim to the mandamus was based, with respect 
to the number of voters, upon an allegation that it was more 
than two per centum of the largest vote for any ' officer 
elected in the last preceding election in a legislative district/ 
while the offices for which nominations purported to be 
made were State offices. The papers in that case were there- 
fore, upon their face, l manifestly defective.' The decision of 
the court in that case was therefore correct. That was a pal- 

28 3 Dauph. 288; Gri. 189; 9 Dist. 683; 24 C. C. 414. 

29 1 Dauph. 361; Gri. 136; 7 Dist. 644; 21 C. C. 422 (Stewart, P. J., 
specially presiding). 



44 



The Ballot Law. 



pable attempt, in violation of the whole spirit of the Ballot 
Law, to obtain a separate column on the ballot for nominees 
for local offices in the city of Philadelphia, by repeating by 
nomination papers nominations of candidates that had been 
already made by one of the regular parties in the State, and 
the decision of that case, on the pleadings and under the facts 
of the case, is not, in any respect, in conflict with the case 
of Leonard v. Keeder, 30 or with our decision in this case." 



50 3 Dauph. 51; Gri. 58; 5 Dist. 600; 18 C. C. 315. 



Party Rules. 45 

CHAPTER IV. 
Party Rules. 

71. The consideration of party rules necessary to the judicial determina- 

tion of contested nominations. 

72. The use of party rules. 

73. Power of a political party to adopt rules and the extent of their 

force. 

74. Court bound by party rules in the absence of fraud. 

75. A faction not conforming to the party rules has no standing in court. 

76. How a rule may be changed. 

77. A rule may be unwritten. 

78. How a custom may be changed. 

79. Extent of authority conferred by rule. 

80. Construction of " majority " phrases. 

81. Principle of ewpressio unius, exclusio alterius. 

71. The consideration of party rules necessary to the judicial 
determination of contested nominations. 

" The passing of the Ballot Act of 1893, and its amend- 
ment of 1897, and of the Acts of 1881, regulating primary 
elections, is an expression of the modern trend of opinion 
toward extending the supervision of the law to the proceed- 
ings of political parties looking to the nomination of candi- 
dates for office, which theretofore were left to the will of the 
parties, the law supervising the arrangements for and conduct 
of the general elections only. When these Acts were passed 
it became necessary that jurisdiction should be conferred 
on some tribunal to construe them, and to determine 
whether the proceedings under them, when challenged, were 
conducted in accordance with their provisions. But those 
Acts do not provide for all the details of such proceedings 
and therefore a reference to them alone does not enable 
the court to determine all the questions that are raised. 
Neither can this be done by, in addition, applying the gen- 
eral principles of law to those Acts after their true con- 
struction has been ascertained. There is still a wide region 
open to the voluntary action of political parties in which 
they may, within not clearly denned limits, be a law unto 
themselves or by agreement may make rules for their own 
guidance. When such rules are by agreement made in 



46 The Ballot Law. 

writing they become the laws of the party, and from the 
nature of the case they must be recognized by the court as 
one of the sources from which conclusions in disputed ques- 
tions properly before it are to be drawn and formulated as 
judgments of the court. These, as we think — the legisla- 
tive enactments, the principles of the common law, and the 
rules of the party — are the sources to which the court must 
recur from which to form a judgment in cases brought 
before it by virtue of the statutory jurisdiction conferred 
by the Ballot Act of 1893 as amended by the Act of 1897. 
And we believe an examination of our decisions will show 
that we have always recognized the right of a party to make 
rules, and have received them in evidence and used them as 
a guide in determining the validity of contested nominations. 
And whenever such rules have existed we have refused to 
listen to evidence offered to show that the law of the party 
to be inferred from usage or practice was other than as 
declared in the rules. And rightly so, for where the law is 
written, and therefore easy to be ascertained, we cannot rea- 
sonably be asked to set it aside and attempt to ascertain 
from always conflicting testimony what the usages of the 
party are. Indeed, it is always a relief to find that written 
rules have been adopted by a party where nominations are 
challenged, as they give us a much more certain guide to 
right conclusions than oral and conflicting testimony of 
usage or practice." 1 

72. The use of party rules. 

" The power to prescribe rules to govern the making of 
these nominations is in the people." 2 This power is exer- 
cised by the people in the form of combinations called politi- 
cal parties. An organized system necessarily governed by 
rules is one of the essential characteristics of a political 
party. 3 The rules that may be adopted have directly and 

i Gerberich's Norn., 3 Dauph. 275; Gri. 179; 9 Dist. 659; 24 C. C. 250. 

2Kooser's Norn., 1 Dauph. 278; Gri. 66; 5 Dist. 650; 18 C. C. 362; 
Seltzer v. Executive Committee, 26 C. C. 202 ( Schuylkill Co. ) . 

3 Citizens' Party Norn., 1 Dauph. 328; Gri. 132; 7 Dist. 641; 21 
C. C. 417 (Stewart, P. J., specially presiding). 



Party Rules. 47 

indirectly in view the ascertainment of the will of the party, 
either as to its principles or, which is the more important, 
the nominations of candidates to be elected to carry its prin- 
ciples into practical effect. The rules are only a means to 
an end, " and if by united action a party seeks to carry out 
some lawful purpose it may do so, even if thereby it violates 
some formal rule; " " a party is greater than its rules." 4 But 
in a dispute between the nominees of a party or between 
rival factions of a party which named the nominees, the 
rules of the party must be taken as the law governing the 
matter. 5 The theory of the Ballot Reform Law is that politi- 
cal parties must conduct their primary elections in accord- 
ance with the rules their respective party may have adopted, 6 
and accordingly nominations made in violation thereof are 
invalid unless made by the united action of all the members 
of the party. 7 "Absence of rule or custom is an invitation to 
arbitrary action." 8 " The rules of a political party are in- 
tended to have the same force and effect at primary meetings 
as election laws have in the holding of general elections." 9 

73. Power of a political party to adopt rales and the extent 
of their force. 

"A party may adopt rules that modify or control the prin- 
ciples of the common law which would otherwise apply, as 
individuals may by agreement declare the rule of construc- 
tion to be applied to a contract between them, when without 
this declaration the rule would be otherwise; with the limi- 
tation in both cases that the rule agreed upon be not con- 
trary to the policy of the law." 10 

The following requirement as a condition of registration, 
viz. : " That all candidates in Lebanon county before regis- 

4 Packer's Norn.. 3 Dauph. 54; Gri. 60; 5 Dist. 601; 18 C. C. 349. 

5 Wilkesbarre Township Norn., 7 Kulp. 529 (Luzerne Co.). 

6 Becker v. Stucker, 18 C. C. 587. 

7 Packer's Norn.. 3 Dauph. 54; Gri. 60; 5 Dis.. 601: 18 C. C. 347. 
SRutledge's Nom., 3 Dauph. 60; Gri. 65; 5 Dist. 638; 18 C. C. 317; 

De Walt v. Bartley, 146 Pa. 542; Longenecker v. Barron, 10 Dist. 429 
(Somerset Co., Reppert, P. J., specially presiding) ; Falkenstein's Nom., 
30 Pitts. 255 (Allegheny Co.). 

9 Barry's Nom.. 11 Dist. 107: 32 Pitts. 327 (Allegheny Co.). 

10 Gerberich's Nom., 3 Dauph. 275; Gri. 179; 9 Dist. 659; 24 C. C. 
254, See section 199. 



48 



The Ballot Law. 



tering for Congress, the Senate, or House of Representatives 
of the State of Pennsylvania, be required to pledge them- 
selves, if elected, to attend the Republican caucuses, and 
abide by the result of such caucuses, and, upon failure to 
pledge themselves as aforesaid, they shall not be permitted 
to register," was held to be beyond the power of a political 
party acting by any admittedly competent agency to pre- 
scribe. " It is therefore unnecessary to inquire into the 
specific power of this county committee to prescribe it. It 
may, however, be proper to say that, conceding its power to 
act for the party in establishing lawful tests of qualification 
for applicants for registration for candidates, this rule goes 
far beyond the legitimate functions of such. It is not at 
all a test of present qualification, but an effort to regulate 
future conduct. It does not pretend to reach the candidate 
in his relations to the party as such, but aims at controlling 
him in the discharge of his official duties after election. In 
the relations he then assumes he must be governed by the 
Constitution and his oath, to which no party rule can add 
and from which no party rule can derogate." 11 

And party rules cannot be accorded greater force than 
would be given to similar provisions in a statute, where the 
question was whether an election held under it was valid. 
The provisions may be only directory. 12 

" The Act [of 1893, P. L, 419, § 2] does not declare how 
the board that is authorized to certify nominations is to be 
composed, but leaves its composition to be determined by 
the appropriate rules. ~No reason has been suggested, and 
we see none, for declaring a rule unlawful, which permits a 
board representing the whole county to certify not only 
nominations made by the whole body of electors but also 
nominations made by the electors of a district comprised 
within the county." 13 

According to the rules, when there has been more than 
one ward executive committee organized in any ward, and 

ii Weiss v. Havard, 9 Dist. 497; 6 Lack. 218; 17 Lane. 249 (Lebanon 
Co., Endlich, J., specially presiding). 

i2Littley's Norn., 3 Dauph. 26; Gri. 26; 1 Dist. 805; 12 C. C. 159. 
i3Casseil's Norn., 1 Dauph. 302; Gri. 100; 7 Dist. 597; 21 C. C. 349. 



Party Rules. 49' 

the city executive committee is " vested with full and abso- 
lute authority to settle and determine which of the com- 
mittees is regular," the committees so recognized as regular 
must be obeyed and respected accordingly, in the absence 
of any rule giving authority to any higher power within 
the party to determine which of two rival city executive 
committees is regular. 14 " We do not give any weight to the 
action of the State Central Committee, for the sufficient 
reason that there is no rule of the party, either city or 
State, which gives them jurisdiction to decide the questions 
now before us." 15 

See also Coray's lorn./ 6 in which case it was contended 
(inter alia) that a resolution had been passed by the Demo- 
cratic State convention to the effect that the State Central 
Committee be authorized to fill all vacancies which may 
occur only with a Democrat, and that therefore the com- 
mittee's nomination of a Republican was invalid, although 
the committee had an absolute right under the party rules 
to nominate. 17 

As to the Legislature making rules for political parties, 
see proviso of Sec. 2, Act of 1897, P. L. 180. 

74. Court bound by party rules in the absence of fraud. 

vVhen the party rule provides that the finding of a com- 
mittee on a contested nomination shall be final — the words 
of the rule being, " the ticket then declared by a majority 
of the members of said committee shall be final and declared 
the duly nominated candidates," — the court is bound by it 
and cannot go behind the certificate of the officers legally 
authorized to canvass the returns of the election in the 
absence of proof of fraud or corruption in their findings. 

14 Doyle's .Nom., 1 Dauph. 347 : Gri. 123 ; 7 Dist. 635 ; 24 C. C. 28. 

15 Doyle's Nom., supra; Donahue's Nom., 3 Dauph. 23; Gri. 23; 2 
Dist. 5; 12 C. C. 198; Dailey's Nom., 1 Dist. 764; 12 C. C. 155. 

16 4 Dauph. 198; Gri. 194; 10 Dist. 716; 25 C. C. 525. 

17 There is some reference to .the subject of this section also in Better's 
Nom., 1 Dauph. 175; Gri. 69; 5 Dist. f 52 ; 18 C. C. 366; Caldwell's Nom., 
3 Dauph. 40; Gri. 40; 3 Dist. 655; 15 C. C. 232; Quinn's Nom., 8 
Dist. 267 (Schuylkill Co.). See also §§ 79 and 97. 



50 The Ballot Law. 

An erroneous conclusion of law or an honest mistake of 
such a committee does not warrant an inference of fraud. 
" Courts have differed so much on these election questions 
that much latitude must be allowed for admissible con- 
clusions." 18 

75. A faction not conforming to the party rules has no stand- 
ing in court. 

" If the parties who. presented and read the paper con- 
taining allegations of fraud in the convention had filed it 
and had followed up the procedure by serving a copy on the 
opposing candidates, as required by the rule, and had taken 
their stand upon their right to have the rule enforced, it 
would have been the duty of the convention to adjourn for 
ten days, and a refusal to do so would have rendered all its 
subsequent proceedings illegal. This was the plain simple 
course to be pursued by those alleging the fraud. Instead 
however of pursuing this course and standing on their 
rights, the person who presented the paper, and those in 
sympathy with him, withdrew, taking the paper with them, 
without any offer or attempt to serve copies on the opposing 
candidates who were present, and without thereafter taking 
any further action in the matter. The convention was 
therefore not bound under the terms of rule 16 to adjourn, 
and this abortive attempt to proceed under the rule could 
not suspend the action of the convention." 19 

76. How a rule may be changed. 

The fundamental rules for the government of a political 
party can be amended only in the way the rules' declare. 
They cannot be amended by a suspension of the rules. 20 
But where an amendment may have been adopted irregu- 

18 Gerberieh's Norn., 3 Dauph. 275; Gri. 179; 9 Dist. 659; 24 C. C. 250; 
Douglass' Nom., 9 Dist. 187; 30 Pitts. 259 (Allegheny Co.). 

i9Sanner's and Rowe's Nom., 3 Dauph. 198; Gri. 147; 9 Dist. 638; 
24 C. C. 43; Robb's Re-Nom., 1 Dauph. 309; Gri. 103; 7 Dist. 620; 21 
C. C. 435; 29 Pitts. 152; Dailey's Nom., 1 Dist. 764; 12 C. C. 156; 
Shoemaker's Nom., 6 Dist. 675 (Somerset Co., Barker, P. J., specially 
presiding) ; Hutchin's Nom., 8 Dist. 109 (Phila. Co.) ; Gray v. Tooms, 
2 Dist. 248; 13 C. C. 625 (Phila. Co.) ; Mansfield's Nom., 18 C. C. 428 
(Westmoreland Co.). 

20 Becker v. Stucker, 18 C. C. 587. 



Pakty Kules. 51 

larly, and the subsequent conduct of the whole party has 
ratified the same, it was held that congressional conferees, 
selected with full knowledge of the subject, with deliberate 
intention and in good faith, without any objection from any 
source, represented the party in the district conference with 
full authority, and the certificate of nomination of such 
conference was adjudged valid. 21 

And where all the members of the county committee of 
both factions of a party concurred, although by separate 
action, in voting that the rules be changed and that nomina- 
tions thereafter be made not by primary elections but by a 
convention of delegates elected at the primaries, which was 
the unanimous action of all those of both factions who had 
authority to express the will of the party as to the manner 
in which nominations should be made, the nominations made 
by primary elections were adjudged invalid and those by 
the convention of delegates were adjudged valid. 22 

In Seltzer v. Executive Committee, 23 the rules provided 
that " the rules shall not be altered, amended or added to, 
unless by the county convention." The call for the April 
convention gave notice of the purpose to have certain 
amendments to the rules considered. That convention re- 
ferred the amendments to the subsequent June convention. 
That convention referred the amendments for adoption or 
rejection to the voters who adopted the same. At the sub- 
sequent September convention the amendments were form- 
ally declared to have been carried. The court decided that 
the amendments were legally adopted. 

77. A rule may be unwritten. 

Instead of a written rule a party may be governed in the 
making of its nominations by an established custom, which 
has become equivalent to a formal rule. 24 

21 Packer's Norn., 3 Dauph. 54; Gri. 60; 5 Dist. 601; 18 C. C. 347. See 
also Acheson v. Twiford, 192 June T. 1902 (Beaver Co., Shafer, J, spe- 
cially presiding), where the rules were held to have been modified by 
the practice of the party 

22 Ziegler's Norn., 6 Dist. 676 ; 20 C. C. 65. 

23 26 C. C. 202 (Schuylkill Co.). 

24 Savage's Norn., 3 Dauph. 40 ; Gri. 40 ; 3 Dist. 705 ; 15 C. C. 229. 



52 The Ballot Law. 

78. How a custom may be changed. 

Unanimous consent is sufficient to change an established 
custom of making nominations in a party. To change a 
custom in a district composed of more than one county, each 
county has the right to have a voice in the matter, before a 
change can bind the whole district. Therefore, in a district 
composed of three counties the separate action of two 
counties cannot bind the third to a change of custom. 25 

The principle of notice and hearing applies, and the facts 
should clearly warrant the finding of a change, before the 
court can so find upon a contest. 26 

79. Extent of authority conferred by rule. 

Whatever power the people in the form of a party have 
not delegated by the rules they may have prescribed re- 
mains with the people. When they have given the right to 
the several candidates in a district composed of several 
counties to appoint three conferees for each county, and 
have conferred upon the conferees in conference assembled 
the power and right to nominate a candidate, with the im- 
plied power of course to do everything which parliamentary 
usage prescribes in order to accomplish this purpose, the 
conferees have no power or authority to add to their num- 
ber or to authorize any outside person to vote. 27 

And where the party rules require a vacancy to be filled 
by the county committee, a nomination made, not by that 
body, but only by certain members residing within the 
representative district in which the vacancy exists, is void. 28 

80. Construction of " majority " phrases. 

" In the absence of any contrary rule, the common-law 
principle is, that the majority of a deliberative body con- 
stitutes a quorum, and there being a quorum, that a ma- 
jority of those present can transact business." 29 

25 Savage's Nom., supra. 

26 Edmiston's Nom., 3 Dauph. 299; Gri. 157; 9 Dist. 657; 24 C. C. 
510; Wilkesbarre Township Nom., 7 Kulp. 529 (Luzerne Co.). 

27Kooser's Nom., 1 Dauph. 278; Gri. 66; 5 Dist. 650; 18 C. C. 360. 
28Stucker's Nom., 1 Dauph. 283: Gri. 74; 5 Dist. m$; 18 C. C. 227. 
29 Doyle's Nom., 1 Dauph. 347; Gri. 123; 7 Dist. 635; 24 C. C. 30. 






Party Rules. 53 

Under a party rule, viz. : " The city executive committee, 
by a vote of two-thirds of its members, may suspend these 
rules temporarily, only in so far as they relate to the time 
of holding primary elections and conventions," the city 
executive committee can suspend the rules by changing the 
time of holding the primary elections for delegates without 
a vote of two-thirds of the thirty-nine possible members of 
the committee. The term " a vote of two-thirds of its mem- 
bers " means the members present doing business, provided 
there be a quorum. 30 

When a party rule declares that " the nominee musi re- 
ceive the votes of a majority of the whole number of dele- 
gates composing the convention," such phrase means a. 
majority of the delegates present in the convention, and not 
a majority of all the votes which could have been cast if 
there had been a legal delegate present from each division 
of a ward. 31 

The phrase in a party rule, " a majority vote of all the 
executive committee," means at least a majority vote of all 
the persons who are in fact members of the committee, as 
distinguished from the phrase in the same rule " a majority 
vote of the committeemen present; " by which two phrases 
two quorums are provided for according to the nature of 
the business provided for under the party rule. 

In general the phrase, " a majority vote of all the exec- 
utive committee," means a majority of a quorum (the 
quorum being a majority of the whole body) ; but the ques- 
tion in every case is : What do the words mean in a par- 
ticular connection and under a particular set of circum- 
stances? 32 

81. Principle of expressio unius, exclusio alterius. 

Among the rules of the Republican party of Union 
county was the following : " Rule 7. No known Democrat, 

30 Doyle's Nom., supra. 

31 Woodruff's Nom.. 1 Dauph. 320; Gri. 107: 7 Dist. 623; 24 C. C. 54. 

32 Berlin's Nom., 1 Dauph. 353; Gri. 120; 7 Dist. 663; 22 C. C. 615; 
Beck's Nom., 7 Dist. 634 (Phila. Co.) ; Schuylkill Haven Nom., 20 C. C. 
420 (Schuylkill Co.) ; Boggs v. City, 9 Dist. 594 (Washington Co.). 



54 The Ballot Law. 

Prohibitionist, Populist, or any member of any other party, 
shall be allowed to vote, unless said voter makes affirmation, 
if challenged, that he voted the entire Republican ticket at 
the preceding general election, and will vote for the ticket 
nominated at the primary election then holding. The same 
rules and qualifications shall apply to all candidates." The 
court decided that this rule " applies not at all to Repub- 
licans who are not named therein, but only to members of 
other parties that are specifically named or referred to : ' No 
known Democrat, Prohibitionist, Populist or any member 
of any other party shall be allowed to vote ' without making 
the oath. It is these, and these alone, who, if challenged, 
must comply with rule 7, and therefore the fact that the 
relator did not make affidavit that he had voted the entire 
Republican ticket at the preceding general election should 
not have been a valid reason for refusing registration, and 
is no reason for refusing to put his name on the ballots. " 33 

33Ginter v. Scott, 2 Dauph. 93; 8 Dist. 536; 22 C. C. 148 (Union Co., 
Simonton, P. J., specially presiding). 



District Conferences. 55 

CHAPTEE V. 

District Conferences. 

82. Jurisdiction of the court over a political conference. 

83. Power of the court to determine the legality of a conferee. 

84. Power of the candidate to appoint conferees. 

85. Power of the conference to select conferees. 

86. Power of the State Committee to appoint conferees. 

87. Time of selection must conform to party rules. 

88. Duty of conferees when question of membership is before the court. 

89. Effect of refusal to wait for the decision of the court on the question 

of membership. 

90. All the conferees entitled to notice of time and place of conference. 

91. Effect of failure to give opportunity to attend conference. 

92. A majority of legal conferees necessary to nominate. 

93. An instance of majority nomination. 

94. Power of conference when its nominee has withdrawn to name an- 

other. 

95. In the conference system each county is a unit and entitled to 

a voice. 

96. Demerits of the conference system. 

97. Suggested remedies. 

82. Jurisdiction of the court over a political conference. 

" There is nothing in the nature of a district conference, 
composed as it is of delegates chosen for a single purpose and 
possessing limited powers, which tends to set its proceedings 
apart as beyond examination by a court of law. It is a body 
of agents chosen to deliberate and vote upon a specified sub- 
ject, and cannot properly be likened to a legislative or con- 
stituent assemblage." 1 

83. Power of the court to determine the legality of a con- 

feree. 

A conference of delegates does not have of necessity the 
power to determine the' qualifications of its members, such 
determination is not conclusive and can be made the subject 
of judicial review. 2 

If the conference refuses or fails to give opportunity to 
prove allegations of fraud in the elect-ion of conferees, such 
action would induce the court to go behind the finding of 
the conference and hear evidence and decide the question of 

i Packer's Norn., 3 Dauph. 54; Gri. 60: 5 Dist. 601; 18 C. C. 347. 

2 Critchfield's Norn., 3 Dauph. 48; Gri. 55; 3 Dist. 761; 15 C. C. 415; 
Packer's Norn., 3 Dauph. 54: Gri. 60; 5 Dist. 601 ; 18 C. C. 347; Kooser's 
Norn., 1 Dauph, 278; Gri. 66; 5 Dist. 650; 18 C. C. 360. 



56 The Ballot Law. 

fraud; but in the absence of such evidence before the con- 
ference and the court, the title of the conferees must be 
taken to be valid. 3 

84. Power of the candidate to appoint conferees. 

A candidate can have the right to appoint conferees when 
given him by the rules and usages of the party or by a reso- 
lution of a nominating convention expressly conferring such 
right. 4 

In the absence of a party rule on the subject, a candidate 
can substitute one conferee for another at his discretion — 
the power to change being necessarily implied in the original 
power to appoint — but when he ceases to be a candidate 
and becomes again a simple citizen with no special interest 
in the conference, his power also ^ ceases. 5 

When conferees are intended to be appointed by a candi- 
date, but death overtakes the candidate before actual ap- 
pointment by him, such intended conferees can have no 
voice in a conference. " The connection between the pur- 
pose of a candidate to appoint and the act of appointment 
may be close, but the distinction is real and important." 6 

85. Power of the conference to select conferees. 

When by the rules and usages of the party a candidate 
nominated at a county primary for any district office has the 
right to select the conferees from that county, and the num- 
ber is fixed at three for each county, and when there is no 
rule or accepted custom which provides for the appointment 
of conferees in any other way, or for increasing the number 
of conferees, either by a vote of the conference or otherwise, 
and notwithstanding certain conferees add to their number 
an outside person, the conference is illegally constituted. 7 

3 Evans' Norn., 3 Dauph. 282; Gri. 165; 5 Dist. 733: 24 C. C. 436. 
See § 100 

4Kooser's Nom., 1 Dauph. 278; Gri. 66; 5 Dist. 650; 18 C. C. 360. 

5Ashcom's Nom.. 3 Dauph. 48; Gri. 55; 3 Dist. 761: 15 C. C. 415. 

6 Little's Nom., 1 Dauph. 299; Gri. 93: 7 Dist. 581: 21 C. C. 337. 

TKooser's Nom., 1 Dauph. 278; Gri. 66: 5 Dist. 650; 18 C. C. 360; 
Coray's Nom., 4 Dauph. 199; Gri. 194; 10 Dist. 716; 25 C C. 525. 






District Conferences. 57 

86. Power of the State Committee to appoint conferees. 

In the absence of any written rule or any custom, the 
State Central Committee or its chairman has no authority to 
appoint any person a member of a district conference. 
" There was no way of testing the right claimed prior to the 
passage of the Ballot Act. A candidate or faction who felt 
aggrieved by such intervention was obliged to choose between 
acquiescence or the risk of being charged with disloyalty to 
their party, and of receiving the penalty of disloyalty. The 
instances since the passage of the Act have been entirely 
too few and different in their circumstances to crystallize 
into an unwritten rule." 8 

87. Time of selection must conform to party rules. 

When the conferees of one county in a congressional dis- 
trict are appointed before the proper time in violation of 
the party rules, the conference in which they take part is 
not a regular body. The attempt of said county committee 
to ratify the illegal appointment and illegal conference is of 
no avail, when the remaining counties in the district, which 
were equally affected, have taken no such action. 9 

88. Duty of conferees when the question of membership is be- 
fore the court. 

When the question was pending, it was the plain duty of 
all the conferees composing the district to wait for the de- 
cision of the court upon a dispute as to the legality of cer- 
tain conferees, so long as was reasonably possible, " in order 
that the nomination of the conferees might not be subject 
to attack on the ground that unauthorized persons helped to 
bring it about." 10 

89. Effect of refusal to wait for the decision of the court on 
the question of membership. 

Carbon, Northampton, Pike, and Monroe counties com- 
posed the eighth congressional district, and each county was 

8 Meredith's Norn., 1 Dauph. 275; Gri. 69: 5 Dist. 652; 18 C. C. 365. 
9Klugh's Norn., 1 Dauph. 283; Gri. 75; 5 Dist, 661: 18 C. C. 227. 
lOLauer's Norn., 1 Dauph. 317: Gri. 139; 7 Dist. 646; 22 C. C. 349. 



58 The Ballot Law. 

entitled to three conferees except Northampton, which had 
five. There had been two rival conventions in Carbon. The 
conferees of Carbon's illegal convention sat with those of 
Pike and Monroe, Northampton's refusing to sit until the 
court had decided the contest between the two Carbon con- 
ventions then under judicial consideration, and said con- 
ference nominated L., and accordingly the court, on the 
hearing on objections filed, held that Carbon county's con- 
ferees had no title, that the conferees of Pike and Monroe 
were not a majority, and that the certificate of nominatiou 
of L. was invalid. 11 

90. All the conferees entitled to notice of time and place of 
conference. 

Where there was a dispute as to the legality of certain 
conferees from one county in a district comprising four 
counties (rival conventions in the county having produced 
rival sets of conferees), immediately after the court had de- 
termined which was the legal convention, the legal con- 
ferees and the conferees from one of the other counties, 
composing a majority of the conferees ol the district (three 
of the counties being entitled each to three conferees and 
the fourth to five), met and organized and gave immediate 
notice to the conferees of the other two counties (who 
favored the side on which the illegal conferees were) of 
the time and place of holding an adjourned meeting. Ac- 
cordingly said conferees met and, though the conferees who 
had received notice did not attend, nominated B., and his 
certificate of nomination was adjudged valid. 12 

91. Effect of failure to give opportunity to attend conference. 

Where a conference of the congressional district com- 
posed of the counties of Chester and Delaware, each county 
being entitled to three conferees, was held without giving a 

ii Lauer's Nom., supra. 

12 Barber's Nom., 1 Dauph. 317; Gri. 139; 7 Dist. 646; 22 C. C. 349; 
Edmiston's Nom., 3 Dauph. 299; Gri. 157; 9 Dist. 657; 24 C. C. 510; 
Sanner's Nom., 3 Dauph. 198; Gri. 147; 9 Dist. 638; 24 C. C. 43; 
Coray's Nom., 4 Dauph. 199; Gri. 194; 10 Dist. 716; 25 C. C. 525. 



District Conferences. 59 

proper opportunity to Delaware county to be represented by 
three conferees, but with the express design to prevent it 
from having this opportunity, the certificate of nomination 
of such conference was adjudged invalid. 13 

92. A majority of legal conferees necessary to nominate. 

A nomination made by the votes of fewer than a majority 
of legal conferees is invalid. 14 

93. An instance of majority nomination. 

Blair, Cambria, Bedford and Somerset counties composed 
the twentieth congressional district. Each county was en- 
titled to three conferees. Two sets of conferees claimed to 
represent Somerset. The conference of the nine conferees 
of uncontested title from the other counties heard and de- 
termined the contest. Thereupon the conferees from Blair 
withdrew; and the conferees from Bedford and Cambria 
and the legal conferees from Somerset (making nine) or- 
ganized and nominated E. The court decided that the nomi- 
nation was valid. 15 

94. Power of conference when its nominee has withdrawn to 
name another. 

When a candidate has withdrawn and thereby lost his 
power to substitute one conferee for another, the conference 
of the original conferees is continued in life as an official 
body, subject to such change in its personnel as might be 
legally made. 16 

95. In the conference system each county is a unit and entitled 
to a voice. 

" In the conferee system which has heretofore prevailed 
throughout the State whenever more counties than one unite 

13 Butler's Norn., 1 Dauph. 325; Gri. 112; 7 Dist. 657; 22 C. C. 353; 
Evans' Norn., 3 Dauph. 282; Gri. 165; 9 Dist. 733; 24 C. C. 436. 

14 Caldwell's Norn., 3 Dauph. 40; Gri. 40; 3 Dist. 705; 15 C. C. 229; 
Kooser's Norn., 1 Dauph. 278; Gri. 66; 5 Dist. 650; 18 C. C. 360; Ritter's 
Nom., 1 Dauph. 275; Gri. 69; 5 Dist. 652; 18 C. C. 363; Lewis' Nom., 
3 Dauph. 299 : Gri. 157 ; 9 Dist. 657 ; 24 C. C. 510. 

15 Evans' Nom., 3 Dauph. 282; Gri. 165; 9 Dist. 733; 24 C. C. 436. 
16Ashcom's Nom., 3 Dauph. 48; Gri. 55; 3 Dist. 761; 15 C. C. 415. 



60 The Baklot Law. 

to form a district, each county is regarded as a political Unit 
of equal value, although they may differ widely in popula- 
tion and in the power of the party vote." 1 ' Whether nomina- 
tions are made directly at a primary election or indirectly 
through the appointment of conferees, each county is en- 
titled to a voice. And where a district is composed of a 
county with another county attached, the qualified electors 
of the attached county have the right to vote at the primary 
election of their party to nominate a candidate for the dis- 
trict. 18 

96. Demerits of the conference system. 

" The plan [of regarding each county as a political unit in 
the conferee system] is an evident concession to the senti- 
ment of locality or neighborhood pride, a force which de- 
rives peculiar strength from the history of this country, and 
is always an element that needs to be considered. It has 
the further advantage, that it usually prevents the populous 
counties from exercising their power unduly. Upon the 
other hand it has its undoubted disadvantages. It often 
results in deadlocks, it fosters the spirit of particularism, and 
may easily give a small county much more than its proper 
influence." 19 

" The machinery at present in use for making congressional 
and senatorial nominations has in many cases broken down 
completely when set in motion. The influence of local and 
county pride and jealousy tends strongly to prevent agree- 
ment. And the evils of the system are greatly aggravated by 
the rule which authorizes candidates to select the conferees. 
Naturally they select their personal friends, and they, after 
being selected, consider themselves the agents and represen- 
tatives of the candidates who select them, rather than of the 
party. In consequence of this their minds are not open to 
impartial consideration of the merits and availability of the 

17 Savage's Norn., 3 Dauph. 40; Gri. 40; 3 Dist. 705; 15 C. C. 229. 

18 Ingram's Norn., 3 Dauph. 36; Gri. 36; 3 Dist. 272; 14 C. C. 1; 
Craig's Norn., 3 Dauph. 31; Gri. 31; 3 Dist. 274; 14 C. C. 3; Long- 
enecker v. Barron, 10 Dist. 429 (Somerset Co., Reppert, P. J., specially 
presiding) . 

19 Caldwell's Norn., 3 Dauph. 40; Gri. 40; 3 Dist. 705; 15 C. C. 232. 



District Coxferexces. 61 

respective candidates, or to impartially weighing the interests 
of the party to which they belong." 20 

97. Suggested remedies. 

" Xo doubt a district convention, to which the party in 
each county should confide! the subject for consideration and 
authoritative action, could change the custom even against 
the vote and wish of an unwilling county, and the change 
might also be effectively made in other ways; but it seems 
quite clear to us that the counties have»heretofore been uni- 
formly looked upon as personalities, distinct as individuals 
are distinct, and therefore that in this view of the situation 
the separate action of two counties could not bind a third. 
Unanimous consent to the change would suffice ; lacking this, 
the subject must be dealt with by somebody (for example, 
a district convention) having a properly delegated authority 
over them all. Whence this authority may be derived and 
by what means, or how it may be exercised, we are not now 
called upon to consider." 21 

" It is not for us to prescribe a remedy for the difficulty. 
We can only emphasize the fact of its existence, which has 
been pressed upon our attention in these contests over nomi- 
nations. But we venture to express the hope that the or- 
ganizations, whatever they may be, which have authority so 
to do, may revise the rules of the respective parties, so as 
to insure that after reasonable discussion of the merits and 
test of the strength of the several candidates nominations 
may be assured. It is possibly too much to expect that the 
smaller counties will agree on any method of nominating 
which would tend to lessen their relative weight in a con- 
ference, and it would therefore seem advisable for the 
representatives of the respective parties assembled in State 
convention to make the necessary changes in the party 
rules." 22 

20Ritter's Norn., 1 Dauph. 275; Gri. 69; 5 Dist. 652; 18 C. C. 365. 

21 Caldwell's Nom.. supra. See also Acheson v. Twiford, 192 June T. 
1902 (Beaver Co., Shafer. J., specially presiding), where a committee 
representing each of the three counties comprising the Twenty-fourth 
congressional district devised a method for congressional nomina- 
tions. 

22 Hitter's Nom., supra. 



62 The Ballot Law. 

CHAPTEKVI. 

Conventions. 

98. Power of a convention to judge of the qualifications of its mem- 

bers. 

99. Manner of deciding contests and the redress given by the court. 

100. Legality of rival conventions determined by the court. 

101. Between rival conventions, nominations by a unanimous vote of the 

convention containing the majority of legal delegates are valid. 
. 102. Between conventions held by rival factions, the nomination of the 
faction which represents the party is valid. 

103. Minority nominations of conventions. 

104. Convention held in defiance of party rules. 

105. Violations of party rules by convention in the absence of fraud. 

106. An illegal convention cannot delegate authority. 

107. Behaviour of conventions. 

108. Nominations of conventions vitiated by tumult and fraud. 

109. The selection of a certain chairman does not cause the inference 

that a certain candidate was named. 

110. Importance of election of chairman of convention. 

111. Conduct of chairman of convention. 

112. Effect of a resolution to make an invalid nomination unanimous. 

113. How a chairman of a committee surmounted obstacles and held a 

convention. 

114. As to the proper authority to certify nominations. 

115. The approval of a convention's nomination by city committee of 

no legal consequence. 

98. Power of a convention to judge of the qualifications of its 
members. 

" Every deliberative body has the power to pass upon the 
fitness or qualification of its members and the correctness of 
the record of its proceedings." 1 

" The convention had power to organize by the election of 
chairman and other officers; it necessarily had power to pass 
upon the credentials of the delegates, and thus to judge of 
the qualifications of its members." " It was for the con- 
vention, and the convention alone, to decide between the 
contesting delegates." 2 

When there are not enough members in a convention with 
a prima facie title to organize a legal convention, such con- 

i In re Smythe, 9 Kulp, 281 (Luzerne Co.). 

2 Hicks v. Derrick, 17 C. C. 608 (Bedford Co., Doty, P. J., specially 
presiding). 



Conventions. 63 

vention does not possess the right to judge of the qualifica- 
tions of those who claim to be members. 3 

As to the power exercised by a State convention, see 
Burke's Nom., 4 where there was a meeting of the district 
committee for the purpose of electing delegates to the State 
convention. The factions disagreed, two sets of delegates 
were elected and the State convention determined which 
should be admitted. 

As to giving proper notice of time and place of the meet- 
ing of a convention, or the holding of primaries, etc., see 
Burke's Kom., 4 supra; Beitzel's Nom., 5 and Coray's Nom. 6 

99. Manner of deciding contests and the redress given by the 
court. 

The convention, or a committee appointed on contested 
seats, should examine the credentials of the contesting claim- 
ants and have a hearing thereon, giving reasonable notice to 
the contestants of the time and place of hearing. 7 

The fifth senatorial district was composed of the fifteenth, 
twenty-eighth, twenty-ninth, thirty-second and thirty-seventh 
wards of Philadelphia, -entitled to 43, 42, 46, 30 and 15 dele- 
gates respectively (one delegate from each election division) 
making 176 delegates in all, a majority present at any con- 
vention being necessary to nominate. The party rules pro- 
vided that all contests for seats in the nominating convention 
should be decided by a board of contest specially provided 
for by a certain rule, and that no contest should be per- 
mitted or heard before the convention; that all delegates 
to the convention should be admitted upon tickets issued on 
presentation of credentials signed and certified by the of- 
ficers of the proper election division, and, in case of con- 
tests, upon the certificate of the board of contest. 

3Robb's Re-Nom., 1 Dauph. 309; Gri. 103; 7 Dist. 620; 21 C. C. 433; 
29 Pitts. 152. 

4 3 Dauph. 285; Gri. 177; 9 Dist. 654; 24 C. C. 425. 

5 3 Dauph. 306; Gri. 162; 9 Dist. 645; 24 C. C. 379. 

6 4 Dauph. 199; Gri. 194; 10 Dist. 716; 25 C. C. 525. See §§ 90, 104 
and 120. 

7Rutlcdge's Norn., 3 Dauph. 60; Gri. 65; 5 Dist. 638; 18 C. C. 317. 



64 The Ballot Law. 

The board of contest had decided certain eight contested 
seats, which constituted a majority of the convention, in 
favor of W., and had determined to exclude from the con- 
vention the eight contestants who favored B. ~No other dele- 
gate was refused admission. Tickets were offered to all other 
delegates except the eight who favored B. A majority of 
all the delegates convened and nominated W. The minority 
feared unfair treatment, refused to enter the said convention, 
and held a separate convention which nominated B. 

On objections filed to each certificate of nomination the 
court decided that of W. to be valid and that of B. to be 
invalid, saying that the minority should have fought their 
fight first upon the floor of the convention. " It was the 
duty of the delegates whose seats were not contested to enter 
the convention, and first make the contest there. If the 
rules of the party forbade the convention to consider these 
contests, the contestants would not have been without 
redress ; for if they could have shown in this court, that the 
district tribunals which decided these so-called contests had 
acted without jurisdiction and without a hearing, they would 
have found their rights within easy reach, and the seats 
awarded to the persons lawfully entitled thereto. We do 
not consider ourselves bound by a certificate of contest un- 
der the party rules, unless the certificate has been preceded 
by a notice of contest and a hearing. This much at least is 
required before the tribunal has any right to judge." 8 

100. legality of rival conventions determined by the court. 

A dispute concerning the nomination in the fifth senatorial 
district required the court to consider the respective merits 
of the two conventions which nominated the two candidates. 
After a thorough hearing and argument the conclusion was 
reached that the body which nominated B. did not have a 
majority of legally elected delegates and his certificate was 

8 Brown's Norn., Gri. 79: 5 Dist. 663; 18 C. C. 232. As to notice see 
also Sanner's Norn., 3 Dauph. 198: Gri. 147: 9 Dist. 638- 24 C. C. 43; 
Coray's Nom., 4 Dauph. 199: Gri. 194; 10 Dist. 716; 25 C. C. 525; In re 
Smythe, 9 Kulp, 281 (Luzerne Co.). 



Conventions. 65 

adjudged invalid, and that the convention which nominated 
W. did have such a majority and his certificate was adjudged 
good. 9 

It was not held by the court that " in no case could a 
minority of legally elected delegates make a regular nomina- 
tion; nor that in every case a nomination made by a ma- 
jority must stand. In the present case, however, the minority 
were at fault. They feared unfair treatment, and perhaps 
with reason; but they should have fought their fight first 
upon the floor of the convention." 9 

" It is the duty of a minority to claim their rights in the 
convention, and, if they are legally outvoted to submit to 
the will of the majority; if they fail to obtain their rights 
under the rules, to stand upon the illegal action of the ma- 
jority and have it set aside. They cannot gain rights by 
simply withdrawing, and if they fail to bring themselves 
within the terms of the rules, the courts are powerless to 
aid them." 10 

101. Between rival conventions, nominations by a unanimous 
vote of the one containing the majority of legal delegates 
are valid. 

When a political party had neither rule nor custom to 
govern its nominating conventions, and the committee on 
contested seats in a convention did not even examine the 
credentials of the contesting claimants, not having had a 
real hearing, and the convention accepted the report of the 
committee, whereupon the delegates, friends of the contest- 
ing claimants, withdrew from the convention but left behind 
a clear majority of delegates whose seats had never been in 
question, the nomination of that majority by a unanimous 
vote was held to be valid. 11 

9 Brown's Norn., Gri. 79; 5 Dist. 663; 18 C. C. 232. 

lOKoontz's Norn., 3 Dauph. 198; Gri. 147; 9 Dist. 638; 24 C. C. 43; 
Huey's Nom., 6 Dist. 113; 19 C. C. 138 (Phila. Co.) ; Heberling's Norn., 
7 Dist. 649 (Carbon Co., Albright, P. J., specially presiding) ; Black's 
Nom., 9 Dist. 164; 30 Pitts. 258 (Allegheny Co.) ; Allegheny City Elec- 
tions, 12 C. C. 660; 23 Pitts. 364; 6 York, 191 (Allegheny Co.) ;' Beck's 
Nom., 7 Dist. 630 (Phila. Co.). 

URutledge's Nom., 3 Dauph. 60; Gri. 65; 5 Dist. 638; 18 C. C. 317. 
5 



(j6 The Ballot Law. 

102. Between conventions held by rival factions, the nomina- 
tion of the faction which represents the party is valid. 

Where two rival conventions have been held, the conven- 
tion held by the ward executive committee which was recog- 
nized as the legal one of two rival committees by the city 
executive committee, the only authorized mouthpiece of the 
party, was by the party rules the legal convention whose 
nomination was regular and valid. 12 

When the question is which one of two sections in the 
ward represents the party at large, weight must be given 
to the voice of the party uttered by the only body author- 
ized to speak for it as a whole. 13 

103. Minority nominations of conventions. 

Nominations made " by a minority of the duly elected dele- 
gates who were entitled to vote in the body which put them 
in nomination " cannot be sustained. 14 

A convention, which contains several delegates who were 
clearly disqualified by the party rules and the striking off 
of whom reduces the number to a minority, is without power 
to nominate. 15 

It has not been held by the court that in no case can a 
minority of legally elected delegates make a regular nomina- 
tion. 16 

In a district composed of more than one county, each 
county is entitled to a voice at the primary meeting of 
electors or convention of delegates, caucus or board. 17 

104. Convention held in defiance of party rules. 

A certificate of nomination, proceeding from a conven- 
tion composed of a faction which did not meet at the place 

12 Donahue's Nom., 3 Dauph. 23; Gri. 23; 2 Dist. 5; 12 C. C. 198. 
13Ker's Nom., 3 Dauph. 32; Gri. 32; 2 Dist. 14; 12 C. C. 200. 
14Boger's Nom., Gri. 77; 5 Dist. 662; 18 C. C. 230. 

15 Saunders' Nom., Gri. 75; 5 Dist. 661; 18 C. C. 228; Reitzel's Nom., 
3 Dauph. 306; Gri. 162; 9 Dist. 645; 24 C. C. 379. 

16 Brown's Nom., Gri. 79; 5 Dist. 663; 18 C. C. 232. 

17 Ingram's Nom.. 3 Dauph. 36; Gri. 36; 3 Dist. 272; 14 C. C. 1; 
Craig's Nom., 3 Dauph. 31; Gri. 31; 3 Dist. 274; 14 C. C. 3; Butler 
Township Nom., 14 C. C. 471 (Schuylkill Co.). 



Conventions. 67 

fixed according to the rules of the party, but in the most 
arbitrary manner selected their own place of meeting in 
defiance of a clear majority of the ward executive committee, 
is invalid. 18 And a convention,, though held at the proper 
place, but without notice having been given, is illegal. 19 

In Thirty-fourth Ward Nom., 20 the rules provided that 
three days' notice should be given of the holding of a con- 
vention, that notices should be mailed to the members and 
that public notice should be given in the newspapers, and 
the object for which the members were to meet should be 
stated to them. Not one of these provisions was complied 
with, and the convention in question was held not to have 
been legal. Seven or eight of the members never had any 
notice at all. The court said: " In order that there may 
be a meeting of the convention there must in some way be 
notice given to each member of that convention. If even 
one delegate should fail to have notice of the meeting of the 
convention, it is no longer a convention, for the reason that 
the purpose of meeting is the ascertainment of the views of 
those who are delegates upon the questions which arise, and 
to leave out one delegate is to leave out one division of the 
ward, and to prevent representation of that division. The 
single delegate omitted might, if he were there, by force 
of reason, convince all of the other members of the conven- 
tion of the propriety of a course to be pursued." " It was a 
meeting of certain individuals with certain views, who gave 
expression to those views, and it was not the determination 
by the convention, the properly recognized authority, of mat- 
ters which the convention alone could decide." 

But where the rules provided that if the place of holding 
the nominating meeting cannot be obtained, the meeting may 
be held at some suitable place to be designated by the chair- 
man of the committee, and the place provided by the rules 

18 Roberts' Norn., Gri. 75; 5 Dist. 661: 18 C. C. 228; Barry's Norn., 
11 Dist. 107; 32 Pitts. 327 (Allegheny Co.). 

19 Hamilton's Norn., 11 Dist. 108: '32 Pitts. 328 (Allegheny Co.); 
Lydon's Norn., 32 Pitts. 292 (Allegheny Co.) ; Twelfth Ward Norn., 32 
Pitts. 301 (Allegheny Co.). 

20 11 Dist. 137 (Phila. Co.). 



68 The Ballot Law. 

could not be obtained and the chairman did not designate an- 
other place but stated the meeting must be held on the day- 
set as required by the rules, and another place was obtained 
and the primary meeting was held on the day required with- 
out objection from any voter as to the place of meeting or 
the manner in which the meeting was conducted, the nomi- 
nation certificate of such meeting was held to be valid. 21 

105. Violations of party rules by convention in the absence of 
fraud. 

The party rules provided that the names of the delegates 
in the convention should be arranged in alphabetical order 
and so called, and " each delegate should rise in his seat as 
his name is called and state for whom he voted," and also, 
that, " when organized the convention should remain in 
session (admitting only reporters of the newspapers), until 
•all nominations shall have been made." " There was present 
In the hall in which the convention * * * was held, at 
the time the vote on his nomination was taken, a person 
who was not a delegate nor a newspaper reporter; and the 
names of the delegates were not arranged and called in 
alphabetical order, but were arranged and called by wards." 
The court held, that in the absence of any proof that any 
fraud was perpetrated or intended, the nomination was 
valid. 22 

106. An illegal convention cannot delegate authority. 

The convention in question " was not legally constituted in 
accordance with the party rules," and " the majority partici- 
pating in the proceedings had no title to seats," whereupon 
it was held not to be a legal convention of delegates under 
the rules of the party, and consequently could not make 
or certify a valid nomination; nor upon reassembling could 
it do so ; nor could it authorize a committee to do that which 
it could not do itself. 23 

2iLydon's Norn., 32 Pitts. 292 (Allegheny Co.). 

22Littley's Nom., 3 Daupli. 26; Gri. 26; 1 Dist. 805: 12 C. C. 159. 
23R bb's Re-Nom., 1 Daupli. 309; Gri. 103; 7 Dist. 620; 21 C. C. 433; 
29 Pitts. 152. 



Conventions. 69 

But a properly authorized committee can prepare a nomi- 
nation certificate, which, if it contain a clerical error, is 
amendable. 24 

107. Behavior of conventions. 

" No standard of manners has been established to which a 
party convention must conform under penalty of having its 
action set aside." 25 

Nominations of a convention " conducted in defiance of 
the party rules in this particular at least, that other persons 
than delegates were permitted to be on the floor of the con- 
vention," the evidence justifying the finding that " their 
presence was not harmless," and with " a bar dispensing 
free liquor, open for the use of the delegates and the 
police within a few feet of the convention " and " in full 
operation before the delegates met and while they were con- 
ducting their deliberations," cannot be sustained; such 
methods of selecting candidates cannot be sanctioned. 26 

"A convention in which a roll-call cannot be had upon a 
nomination for judge, without danger of being broken up 
in a riot, is in no condition to do anything but adjourn. It 
is certainly not fit to transact business even of the slightest 
importance." 27 

A group of individuals or gathering located a short 
distance from the stage where the proper temporary chair- 
man stood and in twenty minutes or less nominating a ticket 
comprising fourteen candidates from congressman down to 
jury commissioner, being presided over by one put in place 
by the acclaim of a partisan following awakened by a dele- 
gate by his own motion and declared carried by him, while 
said proper temporary officer was making at least an ap- 
parent effort to conduct the proceedings with some degree 

24 Twenty- third Ward Nom., 32 Pitts. 303 (Allegheny Co.). 
25Magee's Nom., 1 Dauph. 364; Gri. 72; 5 Dist. 654; 18 C. C. 225. 
26Laubach's Nom., Gri. 77; 5 Dist. 662; 18 C. C. 230. 
27Robb's Nom., 1 Dauph. 294; Gri. 95; 7 Dist. 577; 21 C. C. 353; 29 
Pitts. 149. 



70 The Ballot Law. 

of order, cannot be called a convention, and is not a body 
authorized by law to certify nominations 'of candidates. 28 

A nomination would be supported by the court even from 
an irregular and disorderly body, recognizable as clothed 
with the nominating power of the party, if a reasonable 
certainty could be had that the nomination had actually been 
made. 29 " But when the tumult and confusion of the party 
delegates prevent the ascertainment of the party will, and 
they themselves are unable or unwilling to enlighten the 
court, the only thing left to be done is to declare the con- 
vention proceedings invalid." 30 

108. Nominations of conventions vitiated by tumult and fraud. 

When there was no other way in the convention, because 
of uproar and confusion, of determining with certainty the 
important matter of the nomination of a candidate than by 
a division or by calling the roll, " the mere fact that the 
chairman had formally decided the motion to be carried, 
ought not to have weighed for a moment against the obvious 
necessity for having trustworthy evidence upon the sub- 
ject." 31 

A certificate of nomination, which is the product of a 
criminal conspiracy from beginning to end, supported by 
perjury and possibly forgery also, is invalid. 32 

109. The selection of a certain chairman does not cause the 
inference that a certain candidate was named. 

The election by a large majority of the temporary chair- 
man of a convention who was a supporter of the candidate 
the motion for whose nomination was made incapable of 
decision by tumult and uproar, cannot cause the inference 

28 De Witt's Norn., 3 Dauph. 303 f Gri. 159; 9 Dist. 648; 24 C. C. 385; 
Twenty-first Ward Norn., 32 Pitts. 302 (Allegheny Co.). 

29 Robb's Nom., supra. 

30 De Witt's Nom., supra; McAndrew's 'Nom., Gri. 169. 

31 Robb's Nom., supra; Soles' Nom., 32 Pitts. 291 (Allegheny Co.); 
Twelfth Ward Nom., 32 Pitts. 301 (Allegheny Co.). 

32 Reeve's Nom.. 3 Dauph. 58: Gri. 64; 5 Dist. 637; 18 C. C. 351; 
School Directors' Nom., 8 Dist. 140; 22 C. C. 308 (Phila. Co.) ; Gibbon's 
Nom., 5 Dist. 194; 2 Lack. 6 (Lackawanna Co.), 



Conventions. 71 

that the vote to nominate was substantially the same that 
was given the temporary chairman. 33 

110. Importance of election of chairman of convention. 

When the party rules provide another particular method 
than by a yea and nay vote for the choice of chairman of 
the convention, a chairman chosen by a vote at variance with 
the rules is not legally elected and not an officer qualified 
to certify nominations, when an observance of the rules 
would have elected another chairman. 34 

Nor can " so important a matter as the election of an 
officer who is empowered to certify nominations be de- 
termined by a guess. If the factional advantage must be 
secured at the expense of orderly conduct, and strife and 
disorder be countenanced to an extent which renders it im- 
possible to ascertain whether a presiding officer was elected 
or not, not only must the candidates for nomination inno- 
cently suffer, but the political party whose representatives 
brought about the chaotic condition go unrepresented on 
the official ballot." 35 

111. Conduct of chairman of convention. 

Every act or omission on the part of the presiding officer 
of a political or even a legislative body, as refusing to put 
motions and appeals, does not enable a court to decide the 
otherwise legal action of the body invalid. 

Nor can it be assumed that the refusal of the chairman 
to recognize proxies was arbitrary or unreasonable, as the 
question of whether proxies are legally admissible in a 
political convention is one on which different opinions may 
reasonably be held. 36 

33Robb's Nom M supra. 

34Reitzel's Norn., 3 Dauph. 306; Gri. 162; 9 Dist. 645; 24 C. C. 379. 

35 De Witt's Norn., 3 Dauph. 303; Gri.' 159; 9 Dist. 648; 24 C. C. 385; 
Heberling's Nom., 7 Dist. 649 (Carbon Co., Albright, P. J., specially 
presiding) ; Barry's Nom., 11 Dist. 107; 32 Pitts. 327 (Allegheny Co.) ; 
Soles' Nom., 32 Pitts. 291 (Allegheny Co.); Twelfth Ward Nom., 32 
Pitts. 301 (Allegheny Co.). 

36Koontz's and Kendall's Nom., 3 Dauph. 198; Gri. 147: 9 Dist. 638; 
24 C. C. 43; Burke's Nom., 3 Dauph. 285; Gri. 177; 9 Dist. 654; 24 
C. C. 425 ; McAndrew's Nom., Gri. 169. 



72 The Ballot Law. 

It is important that the secretary of a convention take 
down the minutes and keep an official record of what occurs; 
and it would be well to make out the nomination certificate 
in the presence of the delegates. 37 

112. Effect of a resolution to make an invalid nomination 
unanimous. 

A resolution making an invalid nomination unanimous 
" does not import the selection of a candidate, but merely 
the graceful acquiescence of a minority in the will of the 
majority.'' 38 

113. How a chairman of a committee surmounted obstacles and 
held a convention. 

Where the number of members of a committee is inde- 
terminate, where members were frequently added after the 
first appointments were made and where the chairman had 
the right to make additional appointments, the subsequent 
action of seceding members deposing the chairman appoint- 
ing additional members is invalid; and where possessing the 
right as the legal chairman, he called the convention and 
the primaries without a meeting and consultation with the 
committee, the evidence showing further that the call issued 
by him for the convention and for the primaries, at which 
the delegates to the convention were elected, was legal, the 
proof being that legal notice was given of the time and place 
of the meeting of the convention and of the holding of the 
primaries and of the names of the election officers, the court 
held that the nomination of such convention was valid. 39 

114. As to the proper authority to certify nominations. 

A board representing the whole county can certify not 
only nominations made by the whole body of electors but 
also nominations made by electors of a district comprised 
within the county. " Doubtless the Legislature might de- 
clare how a board of return judges should be constituted, 

37 Thirty-fourth Ward Norn., 11 Dist. 136 (Phila. Co.). 
38Kooser's Norn., 1 Dauph. 278; Gri. 66; 5 Dist. 650; 18 C. C. 360. 
39 Burke's Norn., 3 Dauph. 285; Gri. 177; 9 Dist. 654; 24 C. C. 425. 



Conventions. 73 

and what its powers should be; but, so far as we are aware, 
no statute has yet been passed forbidding a board taken 
from the whole county to certify a nomination made by the 
electors of a smaller district." 40 

115. The approval of a convention's nomination by city com- 
mittee of no legal consequence. 

The certificate of nomination in question was approved 
by the Democratic city committee as was evidenced by the 
signatures of the chairman and secretary. The court held 
that the city committee has no statutory duty to perform 
in reference to any certificate of nomination and, therefore, 
its approval was a matter of no legal consequence. " The 
Ballot Act of 1891 [and now 1897] requires only that a 
nomination be certified by the president and secretary of 
the body that nominates. After this has been done nothing 
more is necessary, and anything more is superfluous." 41 

40Cassell's Norn., 1 Dauph. 302; Gri. 100; 7 Dist. 597; 21 C. C. 349. 
4iDailey's Norn., 1 Dist. 764; 12 C. C. 156. 



74 The Ballot Law. 

CHAPTER VII. 

Governing Principles. 

116. Principle of substantial justice controls in doubtful cases. 

117. Objections must be specific. 

118. Certain rules relating to evidence. 

119. Lack of notice and hearing makes removal from party office a 

nullity. 

120. Illegal exclusion (without notice and hearing) from nominating 

meeting and wrongful substitution of others makes the body 
illegally constituted and without power to nominate. 

116. Principle of substantial justice controls in doubtful cases. 

" Elections, whether primary or general, should be re- 
viewed in a liberal spirit and with a purpose to sustain them 
so far as may be fairly possible. We are willing to overlook 
irregularities, and sometimes even the taint of ineffectual 
fraud, provided the court can be sure that substantial justice 
is being reached and the popular or party will is being 
carried into effect." 1 

When decision would be difficult if technical rules were 
to be applied, the question of regularity involved in the 
controversy being in some doubt, each nomination having 
certain claims to superiority, the certificate of the nominee 
who carried the district at the primary election by a decided 
majority will be declared valid. " In this class of cases the 
desire of the court is to reach what is substantial." 2 

The court will not " strain legal principles to support a 
result reached by fraud and the exercise of arbitrary 
power." 3 

117. Objections must be specific. 

" In such a proceeding as the present it is but fair that the 
grounds of objection to a certificate should be fully set forth, 
in order that the court may understand what is the subject 
of inquiry and the parties may know what evidence is proper 

iRobb's Norn., 1 Dauph. 294; Gri. 95; 7 Dist. 577; 21 C. C. 357; 29 
Pitts. 149; 188 Pa. 212. 

2Tilbrook , s Nora., 1 Dauph. 282; Gri. 74; 5 Dist. 660; 18 C. C. 226. 

3 Roberts' Norn., Gri 75; 5 Dist. 661; 18 C. C. 228; Gibbon's Norn., 
5 Dist. 194; 2 Lack. 6 (Lackawanna Co.). 



Governing Principles. 75 

under the issue. If any other rule is adopted, then parties 
must necessarily be at sea and those alleging the validity of 
a certificate, after hearing upon objections filed, may find 
that the court has decided the matter upon some issue not 
raised by the objections under which they had presented 
their evidence and tried their case." 4 

Respondents cannot be required to come prepared to 
establish " the genuineness of every signature on the 
[nomination] paper [objected to], and, before answering at 
all, they are certainly entitled to have the names alleged 
not to be genuine, pointed out and designated." An aver- 
ment that the nomination papers " contain the names of a 
large number of persons in the handwriting of other than 
the person whose name, residence, and occupation is signed 
thereto, and that the names are signed by other than the 
person who purports to have signed," is merely general and 
not sufficient to sustain an objection. 5 

The objection must be within the provisions of the Ballot 
Law. An objection that there is no vacancy in the office 
for which candidates have been nominated is not a proper 
objection. The proceeding to try that question is provided 
for by other legislation. 6 

118. Certain rules relating to evidence. 

Before the court can find it to be a fact that the sole 
object sought to be obtained by a nomination paper is to 
obtain a place for certain local candidates on the official 
ballot in a column headed by the electoral and State tickets, 
or that plaintiff's rights are put in jeopardy, it must be 
proved. 7 

Under the party regulations the Socialist Labor party 
held a convention at Altoona, Pa., and nominated candi- 
dates for State treasurer, supreme court judge, and superior 
court judge, and in accordance with these selections and the 
custom of the party, these candidates were duly nominated 

4 Allegheny City Elections, 12 C. C. 664; 23 Pitts. 364; 6 York, 191 
( Allegheny Co. ) . 
SEwing's and White's Norn., Gri. 38; 3 Dist. 477; 13 C. C. 638. 
6 Shenandoah City Norn., 6 Dist 156 (Schuylkill Co.). 
7Hendley v. Reeder, Gri. 82; 5 Dist. 677; 18 C. C. 456. 



76 The Ballot Law. 

by nomination papers as the candidates of said party. On 
the hearing of objections to the papers, an offer was made 
to show, that, after the Altoona convention, proceedings 
were had by a so-called National executive committee of the 
Socialist Labor party, in the city of New York, that re- 
sulted in the expulsion from the party of the above candi- 
dates and rendered their nominations void. The court 
excluded the evidence thus offered. 8 

When the parties in a contested election case have, by 
agreement, given in evidence all the testimony produced in 
a former case which grew out of the same primary election, 
the court, having the same facts before it, cannot do other- 
wise, in the absence of additional evidence, than find the 
same facts and arrive at the same conclusions of law as to 
the legality or illegality of the contested primaries. 9 

Respondent's certificate of nomination had been declared 
invalid. He was thereupon renominated by the same con- 
vention reassembled. On the hearing as to his second cer- 
tificate, objection was made " to evidence offered to show 
that the majority of the persons who sat in the original and 
reassembled conventions had not been legally elected as 
delegates according to the rules of the party, and were 
therefore not entitled to act as such, on the ground that 
the question sought to be raised had been decided in the 
former case." This objection was overruled and the evi- 
dence was heard for the reason that this question was not 
raised by the objections filed to the first certificate, but is 
distinctly raised to the certificate of nomination made by 
the second convention. 10 

The burden of proof is upon an objector to support his 
averment that the persons signing the nomination papers 
are not members of the political party therein named. 11 

8 Clark's Norn., 2 Dauph. 293; Gri. 143; 8 Dist. 603; 22 C. C. 618; 
30 Pitts. 163. 

9 Evans' Norn., 3 Dauph. 282; Gri. 165; 9 Dist. 733: 24 C. (J. 436. 
lORobb's Re-Nom., 1 Dauph. 309; Gri. 103; 7 Dist. 620; 21 C. C. 434; 

29 Pitts. 152. 

ULuden's Norn., 1 Dauph. 357; Gri. 119; 7 Dist. 662; 22 C. C. 313. 
See also King's Norn., 3 Dauph. 29; Gri. 28; 1 Dist. 807; 12 C. C. 161 ; 
Douglass' Norn., 9 Dist. 187; 30 Pitts. 259 (Allegheny Co.); Butler's 
Norn., 1 Dauph. 359; Gri. 129; 7 Dist. 639; 22 C. C. 314. 



Governing Principles. 77 

The presumption, that the five persons in the affidavit 
accompanying the nomination paper in Bobbins' Norn./ 2 
were sworn, was overcome by showing that one had not been 
sworn. 

119. Lack of notice and hearing makes removal from party- 
office a nullity. 

" In the precinct of Jefferson, John Schlag was elected 
judge in 1899. Some time thereafter the chairman, without 
giving him a hearing, notified him that he was removed 
from the office of committeeman ' for disloyalty and in- 
efficiency ' and appointed Noah Bruner in his stead. 
Bruner and Schlag each held an election in this precinct, 
and each mailed a return sheet to the county chairman. 

" In the precinct of Larrimer, J. F. Smith officiated as 
inspector of election at the primary of 1899, and at this 
same primary was voted for and elected judge of election. 
Claiming this election was invalid, because he acted as in- 
spector at his own election, the chairman declared the office 
vacant and appointed G. W. Tressler. The written notice 
to Smith, informing him of the alleged invalidity of his elec- 
tion and the appointment of Tressler, was not received by him 
until the evening of April 21, after the hour for closing 
the polls. Smith and Tressler each held primaries at the 
legal time and place, and each mailed return sheets to the 
chairman under the rule." On these facts the court found 
that the appointments of the judges of election for the said 
Jefferson and Larrimer precincts were not valid. 13 

" Waiving the question of the power of the State committee 
to appoint the so-called Hasson committee, with the powers 
purporting to be given to it in the resolution appointing it 
which were in part to i hear, determine, and dispose of all 
objections to the composition of the present organization in 
the said city and in this regard to remove any present repre- 
sentative or official in the said organization and to substitute 

12 3 Dauph. 35; Gri. 34. See also Ruddy's Case, 5 Lack. 43; 13 York, 
67 (Lackawanna Co.). 

l3Sanner's and Howe's Norn., 3 Dauph. 198; Gri. 147; 9 Dist. 638; 
24 C. C. 43. 



78 The Ballot Law. 

others in their place when the said committee shall find the 
said representatives faithless to the party; ' we find that 
the committee did not give notice to Patrick Donahue, 
Thomas E. Fitzpatrick, Thomas J. Ryan, John A. Thornton 
and Edward F. Bennis of the time and place when and where 
it would sit to consider the question whether they were ' faith- 
less to the party/ and did not cite them to appear and be 
heard in their defense, and did not hear them or give them 
an opportunity to be present and be heard, and therefore the 
finding of the committee embodied in the resolution passed by 
it on October 10, 1901, declaring that ' Patrick Donohue, 
Thomas E. Fitzpatrick, .Thomas J. Ryan, John A. Thornton 
and Edward F. Bennis have been faithless to the Democratic 
party and are hereby removed from their positions as rep- 
resentatives in the said Democratic State central committee 
from the county of Philadelphia ' was a nullity and did not 
have any effect upon the status of said parties, and did not 
remove them ' from their positions as representatives in the 
said Democratic State central committee from the county 
of Philadelphia,' and did not legally substitute others in 
their stead." 14 

120. Illegal exclusion (without notice and hearing) from nomi- 
nating meeting and wrongful substitution of others makes 
the body illegally constituted and without power to nomi- 
nate. 

" We further find that this resolution being a nullity could 
not and did not become of any force or effect by being ap- 
proved by the Democratic State executive committee, nor 
by the advice of this committee to the State central com- 
mittee to ' approve and ratify the same ; ' nor by its ap- 
proval and ratification by the State central committee at 
its meeting in Harrisburg, on October 11, 1901. We further 
find that by the rules of the Democratic party the State cen- 
tral committee had, when legally constituted and acting, the 
exclusive power and authority to nominate whomsoever it 

l4Coray's Norn., 4 Dauph. 199; Gri. 194; 10 Dist. 716; 25 C. C. 525. 



Governing Principles. 79 

might select to fill the vacancy on the ticket that had oc- 
curred less than thirty days before the fifth day of Novem- 
ber, 1901. But we also find that Patrick Donohue, Thomas 
E. Fitzpatrick, Thomas J. Ryan, John A. Thornton and Ed- 
ward F. Bennis were not notified to attend the meeting of the 
State central committee, on October 11, 1901, mid were not 
given an opportunity to be heard and were not heard in their 
defense on the charge of being ' faithless to the party/ and 
for this reason as well as because of the nullity of the Hasson 
committee resolution, they were, on October 11, 1901, and 
still are, legal members of the State central committee, and as 
they were illegally excluded therefrom and others having no 
right of membership were substituted in their stead and took 
part in deliberating and balloting, the committee was illegally 
constituted and had no power to nominate any one or to 
certify a nomination"^ 

"Any offense less in gravity than one striking at the very 
being of the party, can only be punished according to the 
rules, and after notice, hearing and judgment." 16 

An irregular call for a meeting can be cured by the sub- 
sequent ratification of a majority of the committee at a 
meeting regularly called and held. 17 

The agreement of the executive committee when in ses- 
sion, to approve appointments to be made, and the actual 
approval by each of the members of the committee after- 
ward, made the appointments of election judges by the 
chairman valid. 18 

isCoray's Nom., supra. 

iGHuey's Nom., 6 Dist. 113: 19 C. C. 142 (Phila. Co.). See also, as 
to notice, Rutledge's Nom., 3 Dauph. 60; Gri. 65; 5 Dist. 638; 18 C. C. 
317; Brown's Nom., Gri. 79; 5 Dist. 663: 18 C. C. 232; Donahue's Nom., 
3 Dauph. 23; Gri. 23; 2 Dist. 5; 12 C. C. 198; Butler Township Nom., 
14 C. C. 470 (Schuylkill Co.) ; Schuylkill Haven Nom., 20 C. C. 418 
(Schuylkill Co.) ; Thirty-fourth Ward Nom., 11 Dist. 135 (Phila. Co.). 
See also §§ 90. 91, 98, 99, 104. 

i7Dailey's Nom., 1 Dist. 764; 12 C. C. 155. 

i8Sanner ; s Nom., 3 Dauph. 199; Gri. 147; 9 Dist. 638; 24 C. C. 43. 



80 The Ballot Law. 



CHAPTER VIII. 

Statutory Specifications in Nomination Certificates and 
Nomination Papers. 

121. Essential specifications in nomination certificates and nomination 

papers. 

122. Party name, the first essential. 

(A) Limitations to the use of a party name in a nomination paper 
— Its exclusive use in a nomination certificate. 

123. (B) Extension of restriction of party name. 

124. (C) Examples of exclusive use of name in a nomination certificate. 

125. (D) Limitations to the use of a party name in a certificate of 

nomination. — Its exclusive use in a paper. 

126. (E) The necessity of filing a prothonotary's certificate to gain ex- 

clusive use of name in nomination papers. 

127. (F) Exclusive use of name in a nomination paper given to a 

political body, not to particular persons. 

128. (G) Purpose of restricting the use of party name. 

129. Name of candidate, the second essential. 

130. Name of office, the third essential. 

131. As to the form of certifying a nomination. 

132. Every recital required by section eleven of the act in substituted 

nomination certificate or nomination paper essential. 

121. Essential specifications in nomination certificates and 
nomination papers. 

All certificates of nomination and nomination papers shall 
specify : 

One (1). The party or policy which such candidate repre- 
sents, expressed in not more than three words; in the case 
of electors of President and Vice-President of the United 
States, the names of the candidates for President and Vice- 
President shall be added to the party or political appellation. 

Two (2). The name of each candidate nominated therein, 
his profession, business or occupation, if any, and his place 
of residence, with street and number thereon, if any. 

Three (3). The office for which such candidate is nomi- 
nated. Sec. 4, Act of July 9, 1897, P, L. 225. 

Party Name. (1.) 

122. Limitations to the use of a party name in a nomination 
paper. — Its exclusive use in a nomination certificate, (a) 

Provided, That no words shall be used in any nomination 
papers to describe or designate the party or policy, or 



Domination Certificates and Domination Papers. 81 

political appellation, represented by the candidate named in 
such nomination papers as aforesaid, identical with the 
words used for the like purpose in certificates of nomination 
made by a convention of delegates, or primary meeting of 
electors, or caucus held under the rules of a political party, 
or any board authorized to certify nominations, represent- 
ing a political party which, at the last preceding election, 
polled two per centum of the largest vote cast. Sec. 4, Act 
of July 9, 1897, P. L. 225. 

The principle in this provision does not apply to a con- 
troversy between nomination papers but only between a 
nomination certificate and nomination paper. 1 

123. Extension of restriction of use of party name, (b) 

The Act of June 10, 1893, P. L. 420, in section 4 con- 
tained the proviso, forbidding the use of any words in any 
nomination paper to describe the party or policy, or political 
appellation, identical with the words used in certificates of 
nomination made by a convention of delegates of a political 
party. 

The court held in Inghram's Dom., 2 and Brackenridge's 
Dom., 3 that the phrase " convention of delegates " was not 
wide enough to cover " primary meeting of electors " or 
" caucus held under the rules of a political party," or " any 
board authorized to certify nominations representing a 
political party." 

Whereupon the Act of July 9, 1897, P. L. 225, amended 
said proviso in section 4 of the Act of 1893 by including 
the same. 

124. Examples of exclusive use of name in a nomination cer- 
tificate, (c) 

Where the Democratic party filed a certificate of nomina- 
tion for State senator, and nomination papers were filed by 
the Citizens' Democratic party for the same office, the court 

iCrow v. Richmond, 5 Dist. 647 (Phila. Co.). 

2 5 Dauph. 51; 16 C. C. 634 (1895). 

3 5 Dauph. 49; 4 Dist. 98; 15 C. C. 647 (1895). 

6 



82 The Ballot Law. 

held that the use of the word " Democratic " by the latter 
was not permissible. 4 

Where the Democratic party filed a certificate of nomina- 
tion for president judge, and nomination papers were filed 
naming another as representing the True Democratic party 
or policy, the use of the word " Democratic " was forbidden 
in said papers. 5 

Where a nomination paper was filed using the name Mc- 
Kinley Republican, the use of the word " Republican " was 
held objectionable, as it was identical with the word used 
for like purpose in the certificate of nomination of the 
Republican party. 6 

The Peoples' party had filed a nomination certificate nomi- 
nating S. Subsequently nomination papers were filed nam- 
ing T. as the candidate of the Peoples' party. The word 
Peoples' was not allowed to be used in the nomination 
papers. 7 

125. Limitations to the use of a party name in a certificate of 
nomination. — Its exclusive use in a nomination paper, (d) 

Provided, That if five of the electors composing any 
political body making a nomination by nomination papers 
shall file with the prothonotary of the county in which the 
nomination paper or papers are to be filed an affidavit 
setting forth that they have adopted a certain political 
appellation to designate their policy, subject to the limita- 
tions of this Act regarding the selection of names, that 
thereafter such political body shall have the exclusive right 
to use the said name or appellation for the election for which 
such nomination or nominations are made, provided that a 
certificate from the prothonotary setting forth such a com- 
pliance with the Act be filed with the nomination papers 
filed by such political body. Sec. 3, Act of July 9, 1897, 
P. L. 224. 

4 Savage's Norn., Gri. 54; 15 C. C. 508. 
GInghram's Norn., 5 Dauph. 51; 16 C. C. 634. 
6Thropp's Norn., Gri. 80; 5 Dist. 664; 18 C. C. 234. 
7 Thomas' Norn., Gri. 91 j 6 Dist. 652; 20 C. C. 165. See also Fifth 
Ward Norn., 32 Pitts. 302 (Allegheny Co.). 



Nomination Certificates and Nomination Papers. 83 

126. The necessity of filing a prothonotary's certificate to gain 
exclusive use of name in nomination papers, (e) 

" The Ballot Act has protected the use of the name of a 
party that has a large enough number of votes to nominate 
by nomination certificates, but it has not protected the name 
of a group or party that can nominate only by nomination 
papers, and as the Legislature has made this distinction in 
express terms, it must be assumed to have been intended. 
A way. has been provided by another act of assembly by 
which a group or party can protect its name; and if it does 
not use this method [of filing with nomination papers the 
prothonotary's certificate, setting forth the necessary com- 
pliance with the provision of the Act] we think we are 
powerless to aid it." 8 

127. Exclusive use of name in a nomination paper given to a 
political body, not to particular persons, (f) 

The Socialist Labor party held a convention, the nominees 
of which were afterward, in accordance with the custom of 
the party, duly nominated by nomination papers duly filed. 
A rupture having taken place in the party, certain persons 
filed other nomination papers naming others for the same 
office and filed an affidavit with the prothonotary that they 
had adopted the political appellation of Socialist Labor 
party to designate their policy, and contended that they had 
the exclusive right to use said appellation. On hearing the 
court held otherwise. " We do not think the objectors to 
the Clark papers are in a position to enforce any claim to 
the exclusive use of the appellation in question. By the ex- 
press terms of the Act, it is the ' political body ' which ' shall 
have the exclusive right to use the said name or appellation/ 
and not any particular persons ; and in the affidavit filed the 
claim to such use is not made on their own behalf, but on 
behalf of the ' Socialist Labor Party/ and, as we have 

8 Seward's Norn.. 4 Dauph. 197; Gri. 186; 9 Dist. 656; 24 C. C. 462. 
See also Barnes' Nom., 4 Dauph. 201; Gri. 191; 10 Dist. 681; 25 C. C. 
514; Pittsburgh Citizen Party Nom.. 11 Dist. 208; 32 Pitts. 293 (Alle- 
gheny Co.) ; Fifth Ward Nom., 32 Pitts. 302 (Allegheny Co.). 



84 



The Baljlot Law. 



already seen, the Clark papers were filed by those who 
legally represent that party. This being so, they cannot be 
prevented from using that appellation by the fact that others 
not legally representing the party have claimed the ex- 
clusive use of the appellation of it. The objections to the 
validity of the Clark papers must therefore be overruled." 9 

128. Purpose of restricting the use of party name, (g) 

The evident purpose of the provision is " to forbid the 
use, by a fractional party, or a fraction of a party, in any 
nomination papers, of the same words, to designate the 
party or policy represented by their candidate, which are 
used in certificates of nomination to designate a party or 
policy which is entitled to nominate, and which has nomi- 
nated candidates to represent it, in accordance with its 
established rules, by certificates of nomination, and thus to 
prevent these fractions from seeming to represent a party 
or policy for which .they are not entitled to speak," 10 

The appellation in nomination papers, " Socialist Labor 
Party " and " Socialist Party," were held to be " so akin 
to each other, that the voter may easily be misled or con- 
fused in casting his vote, and that is what the Ballot Law 
aims to avoid." 11 

129. Name of candidate. (2.) 

Not only must the name of the candidate be specified in 
the nomination certificate or nomination paper together with 
his profession, business, or occupation, if any, and his place 
of residence, with street and number thereof, if any, but 
the specification should be inserted before the officers sign 
the nomination certificate or the electors sign the nomina- 
tion paper. 

" The intent of the law certainly is that the nomination 
is to be made by the signers of the nomination papers, and 



Dist. 603; 22 C. C. 618; 30 



9 Clark's Norn., 2 Dauph. 293; Gri. 143 
Pitts. 163. 

io Savage's Norn., 3 Dauph. 44; Gri. 49; 15 C. C. 307; Crow v. Rich- 
mond, 5 Dist. 648 (Phila. Co.). 

11 Barnes' Norn., 4 Dauph. 201; Gri. 191; 10 Dist. 681; 25 C. C. 514. 



Nomination Certificates and Nomination Papers. 85 

that by the act of signing they join in the nomination of 
the persons named in the [nomination] paper signed." 
Nomination papers signed before the names of the candi- 
dates are inserted are invalid, in the absence of evidence 
" to show that the signers knew whose names were to be 
inserted when they signed the [nomination] paper." 12 

An omission of the street and number of the residence of 
a candidate is a manifest defect in a certificate of nomina- 
tion or nomination paper. 13 

130. Name of office. (3.) 

To omit the name of the office in a nomination certificate 
or nomination paper for which a nomination is made is a 
manifest defect, and defeats the very purpose of the electors. 

131. As to the form of certifying a nomination. 

" The form of these certificates is not quite accurate, as 
was pointed out at the argument; the return judges do not 
make, but only announce or declare or certify a nomination; 
but as no objection is taken on this ground, the inaccuracy 
need not be further considered. The proper correction 
should be made in future certificates." 14 

132. Every recital required by section 11 of the Act in sub- 
stituted nomination certificate or nomination paper es- 
sential. 

A nomination certificate or nomination paper for a sub- 
stituted nomination must recite or specify (inter alia) the 
names of all the members of the committee making the sub- 
stituted nomination as required by section 11, Act of 1893, 
P. L. 424. If it names no one except the president and 
secretaries, it is defective. 15 

i2Kreimer's Norn., 2 Dauph. 293; Gri. 143; 8 Dist. 603; 22 C. C. 618; 
30 Pitts. 163. 

13 Twenty-sixth Judicial District Norn., 1 Dauph. 304; Gri. 206; 7 
Dist. 563; 21 C. C. 367; 4 Lack. 242 (Atty.-Gen.) . 

i4Cassell's Nom., 1 Dauph. 302; Gri. 100: 7 Dist. 597; 21 C. C. 349. 

15 Berlin's Nom., 1 Dauph. 353; Gri. 120; 7 Dist. 663; 22 C. O. 615. 



86 The Ballot Law. 

CHAPTEK IX. 

Statutory Form of Nomination Papers. 

133. Nomination paper forms. 

134. Statutory form of papers furnished. 

135. Statutory form of paper must be used. 

136. How paper of several sheets may be vouched to be in proper form. 

133. Nomination paper forms. 

Section 3 of the Act of June 19, 1891, P. L. 349, per- 
mitted separate nomination papers essentially alike and cer- 
tified to by different sets of vouchers, that is, a nomination 
paper consisting of several sheets, not necessarily fastened 
together although fastening was desirable. 1 

But nomination papers, when they consist of a number of 
sheets originally detached but subsequently fastened to- 
gether with eyelets, the first sheet containing a formal 
neading, the last sheet ending with a formal affidavit and the 
sheets between containing nothing but lists of names, occu- 
pations, and residences, were held not to comply with the 
law for the reason that to sanction loose sheets was to ex- 
tend an invitation to fraud. 2 

" The purpose of the Act [of June 10, 1893, P. L. 419], 
and perhaps its very letter, requires every sheet [of a nomi- 
nation paper] to be complete in itself, containing the proper 
heading, the names of signers with their occupations and 
places of residence, and an affidavit sworn to by at least G.ye 
of the signers " in the proper form. 3 

This provision was re-enacted in the amending Act of 
1897, P. L. 224, § 3, viz.: " The signatures to each 
nomination paper and the qualification of the signers shall 
be vouched for by the affidavit of at least five of the signers 
thereof, which affidavit shall accompany the nomination 
paper." 

i King's Norn., 3 Dauph. 29; Gri. 28: 1 Dist. 807; 12 C. C. 161. 

2 Daubach's and Heissler's Nom., 1 Dauph. 285; Gri. 77; 5 Dist. 662; 
18 C. C. 231. 

3 Laubaeh's Nom., supra; Saunders' Nom., Gri. 76: 5 Dist. 661; 18 
C. C. 229; Walton's Nom., Gri. 80; 5 Dist. P63; 18 C. C. 233; Robbins' 
Nom., 3 Dauph. 35; Gri. 34. 



Statutory Form of Domination Papers. 87 

134. Statutory form of papers furnished. 

Section 3 of the amending Act of July 9, 1897, P. L. 
223, provides that " blank forms for making such nomina- 
tion [by nomination papers] shall be furnished by the 
Secretary of the Commonwealth, and no other form than 
the ones so prescribed shall be used for such purpose." 

135. Statutory form of paper must be used. 

" If more sheets than one are used [in making a nomination 
by nomination papers], they must now be the blank forms 
furnished by the Secretary of the Commonwealth (Act of 
1897, § 3, P. L. 223), and every sheet should be complete 
in itself and should be vouched by five persons, and the 
vouchers should be • signers. 



,« y »4 



136. How paper of several sheets may be vouched to be in 
proper form. 

" Five vouchers to a nomination paper are sufficient," but 
" five is a minimum," and each sheet should be vouched by 
five of the signers thereto, " which is the better practice; " 
but " the sheet is still sufficiently vouched if the five persons 
that make the affidavit are signers of other sheets among 
those composing the paper." 5 

4 Grundy v. Martin, 1 Dauph. 415; Gri. 115; 7 Dist. 659; 22 C. C. 
316; Bobbins' Norn., supra. 

5 Grundy v. Martin, supra; Hack v. Martin, Gri. 118; 7 Dist. 662; 
22 C. C. 318; Cooper v. Martin, Gri. 116; 7 Dist. 660; 22 C. C. 319; 
Crow v. Richmond, 5 Dist. 647 ( Phila. Co. ) ; Bobbins' Nom., supra. 



88 The Ballot Law. 

CHAPTER X. 

Nomination-Paper Signing. 

137. The number of electors necessary to nominate officers for the State 

at large by nomination papers. 

138. The number of electors necessary to nominate officers other than 

those for the State at large by nomination papers. 

139. Which is the proper district and vote for calculating the required 

percentage vote. 

140. Which is not the proper district and vote by which to compute the 

percentage vote. 

141. Right of elector to nominate by papers limited. 

142. Signer must be a resident of the political division for which he 

nominates. 

143. Description of signer necessary. 

144. Signer should write his own description. 

145. Sufficiency of description of signer's residence depends upon the 

area of the district. 

146. Sufficient descriptions of signer's residence. 

147. Insufficient descriptions of residence. 

148. Presumption that signer is a resident. 

149. Presumption that signer is a member of the party named in the 

paper. 

137. The number of electors necessary to nominate officers for 
the State at large by nomination papers. 

Where the nomination is for any office to be filled by the 
voters of the State at large, the number of qualified electors 
of the State signing such nomination paper, shall be at least 
one-half of one per centum of the largest vote for any 
officer elected in the State at the last preceding election at 
which a State officer was voted for. Sec. 3, Act of July 9, 
1897, P. L. 223. 

138. The number of electors necessary to nominate officers other 
than those for the State at large by nomination papers. 

In the case of all other nominations \_i. e., where the 
nomination is for any office other than an office to be filled 
by the voters of the State at large] , the number of qualified 
electors of the electoral district or division, signing such 
nomination paper, shall be at least two per centum of the 
largest entire vote for any officer elected at the last pre- 
ceding election in the said electoral district or division for 



K"omination-Paper Signing. 89 

which said nomination papers are designed to be made. 
Sec. 3, Act of July 9, 1897, P. L. 224. 

139. Which is the proper district and vote for calculating the 
required percentage vote. 

The election or vote, which is to be taken as the basis of 
computing the largest entire vote for any officer elected at 
the last preceding election, varies with the circumstances of 
each particular case. 

" In a county like Lancaster, which constitutes at the same 
time a single judicial and senatorial district, the largest 
entire vote for any officer elected at the last preceding 
election would be the vote for any officer elected at the 
election of November, 1893. * 

" In a county like that of Dauphin, which does not con- 
stitute a single congressional district [but is composed of 
the counties of Dauphin, Lebanon, and Perry, forming the 
Fourteenth congressional district], the nomination papers 
for a congressman would require two per centum of the 
largest entire vote for a congressman elected at the last con- 
gressional election in the district; nomination papers for 
judge would require two per centum of the largest entire 
vote for judge at the last preceding election for judge in 
the judicial district; a nomination for senator would have 
to be based on the vote for senator, except in cases where a 
county constitutes in itself a senatorial district, in which 
event it could be based on the largest entire vote for i any 
officer ' elected in the county at the last preceding election." 1 

140. Which is not the proper district and vote by which to com- 

pute the percentage vote. 

The election for congressman-at-large is an election over 
the whole State, and the vote in any particular district for 
that office cannot be made the basis of a district nomina- 
tion. 2 

i Nomination Paper Signatures, Gri. 200; 3 Dist. 655; 15 C. C. 228 
(Atty.-Gen. 1894). 
2 Nomination Paper Signatures, supra. 



90 The Ballot Law. 

Nor can the vote of a municipal February election be the 
basis of computation for a congressional nomination. 3 

Isor can the vote cast for auditor-general be taken as the 
basis of calculating for a representative district nomination. 4 

Nor can the vote cast for coroner be the basis of computa- 
tion for the nomination of presidential electors. 5 

Nor can the largest vote for any officer elected in the 
last preceding election in a legislative district be the basis of 
a nomination for an office to be filled by the voters of the 
State at large. 6 

141. Right of elector to nominate by papers limited. 

No person may subscribe to more than one nomination for 
each office to be filled. Sec. 3, Act of July 9, 1897, P. L. 
224. 

142. Signer must be a resident of the political division for 
which he nominates. 

" Where the nomination is for a State office, electors 
throughout the State may sign such nomination paper, but 
in all other nominations the electors who petition must be 
electors of the district or division to represent which the 
candidate is to be nominated." 7 

A candidate for congress cannot run upon nomination 
papers signed by electors outside of the district, and the same 
is true of judicial, senatorial, and legislative districts, or 
other political division. 7 

143. Description of signer necessary. 

Each elector signing a nomination paper shall add to his 
signature his place of residence and occupation. Sec. 3, 
Act of 1897, P. L. 224. 

3 Nomination Paper Signatures, supra. 

4 King's Norn., 3 Dauph. 29; Gri. 28; 1 Dist. 807; 12 C. C. 161. 

5 Independent Party Norn., Gri. 202 ( Atty.-Gen. ) . 

6Sterr v. Martin, i Dauph. 361; Gri. 136; 7 Dist. 644; 21 C. C. 422 
(Stewart, P. J., specially presiding), as explained in Jefferis v. Griest, 
3 Dauph. 288; Gri. 189; 9 Dist. 683; 24 C. C. 414. 
7 Independent Party Nom., supra. 



Xomination-Paper Signing. 91 

The purpose of this provision is to guard carefully against 
candidates running upon papers made by strangers, that is, 
by persons residing elsewhere than in the particular political 
division for which the nomination is made, and thereby 
preserve the idea of self-government. 8 

144. Signer should write his own description. 

" It [is] the best practice to have each signer to a nomina- 
tion paper write his residence and occupation, so that the 
name, occupation, and residence may appear in the same 
handwriting. Ditto marks should be avoided because of the 
obvious facility they offer for fraud." 9 

145. Sufficiency of description of signer's residence depends 
upon the area of the district. 

" In the case of a nomination paper for an officer to be 
elected by votes cast throughout the Commonwealth, it cer- 
tainly would be desirable, to say the least, that the county 
of the signer's residence should be added. 

" But in the case of papers affecting a district of limited 
area, it seems enough to us to name the city, or borough, 
or village, or township of the signer's residence without 
adding either the county or the State. It may be fairly 
presumed that every town and village and township within 
the district is sufficiently known to be recognized without 
difficulty by all interested persons." 10 

146. Sufficient descriptions of signer's residence. 

A nomination paper signer's residence " is sufficiently 
described where the name of his city, borough, village or 
township is given. Except where the district lies wholly 
within a city or town, less than this can hardly be permitted 
without introducing uncertainty about the signer's place of 
abode." 11 

8 Independent Party Nona., supra. 

9 Robinson's Norn., 1 Dauph. 360; Gri. 129; 7 Dist. 639; 22 C. C. 321. 

10 Butler's Norn., 1 Dauph. 359; Gri. 129; 7 Dist. 639; 22 C. C. 314. 
HMullin v. Martin, Gri. 130; 7 Dist. 640; 22 C. C. 315. 



92 The Ballot Law. 

" If a district lies wholly within the limits of a city, which 
is clearly named in the paper, there can be no occasion to 
repeat the name of the city after the number and street of 
each signer." 12 

In the district composed of the counties of Chester and 
Delaware, when a signer of a nomination paper simply gave 
the town or township of his residence — for example, 
" Kennett Square " or " Phcenixville " — without adding 
either the county or State, it was held sufficient. 13 

147. Insufficient descriptions of residence. 

A nomination paper, purporting to nominate for Congress 
in a district of three counties, was signed by more than sixty 
persons who described their residence by the street merely 
— for example, " Chestnut Street," "Pine Street," "Balti- 
more Avenue " — without saying in what municipality the 
street was to be found. That degree of looseness was not 
sustainable, and, as the sixty signatures were essential, the 
paper was manifestly defective. 14 

148. Presumption that signer is a resident. 

" The presumption is strong that all the signers to a paper 
purporting to make a nomination for a Pennsylvania con- 
gressional district are residents of the State and of the dis- 
trict, and this presumption will be sufficient unless over- 
come by proof." 15 

149. Presumption that signer is a member of the party named 
in the paper. 

Objections, which in effect set up as a matter of fact, 
namely, that the persons signing the nomination paper do 
not belong to the party named therein, must fall when not 
supported by -any testimony. The burden of proof is on the 
objector to establish the fact. 16 

l2Gentner v. Martin, Gri. 131; 7 Dist. 640; 22 C. C. 316. 

13 Butler's Norn., supra. 

14 Mullin v. Martin, supra. 

15 Butler's Norn., supra. 

l6Luden's Norn., 1 Dauph. 357; Gri. 119; 7 Dist. 662; 22 C. C. 312. 



ART II. 



CHAPTEE XL 

Text of the Act of 1893 ajstd its Amendments. 

150. Titles of the Act and its amendments. 

151. Ballots furnished by Secretary of Commonwealth and county com- 

missioners at public expense. 

152. Nominating by political parties. 

153. Nominating by political bodies. 

154. Specifications in certificates and papers. 

155. Time and place of filing certificates and papers. 

156. Province of receiving officer and jurisdiction of court. 

157. Withdrawal and vacancy. 

158. Certificates and papers on file public. 

159. Dutv of receiving officers to transmit official lists. 

160. Duty of sheriff. 

161. Substituted nominations. 

162. Objections to, and duty of officers in regard to, substituted nomina- 

tions. 

163. County commissioners print the ballots. 

164. Contents of ballot. 

165. Form of ballot. 

166. Sufficient quantity, instructions, specimen ballots, ballot check- 

list, etc., to be furnished. 

167. Deliverv of ballots, etc., to judges of election. 

168. Substituted ballots. 

169. Voting places and their arrangement. 

170. Duties upon opening of polls. 

171. How the voter receives a ballot. 

172. How the voter marks and casts his ballot. 

173. Regulations and safeguards at the polls. 

174. As to lists of voters and memoranda of numbers marked on ballots. 

175. In case of spoiling a ballot. 

176. Assisting the voter. 

177. Improper, and irregularly marked, ballots. 

178. Counting the votes. 

179. Contested elections. 

180. Misdemeanors by voters. 

181. Misdemeanors relating to election matters. 

182. Misdemeanors relating to nomination matters. 

183. Misdemeanors by officers. 

184. Misdemeanors by printers. 

185. Possession of official ballot outside voting room, or of counterfeit, 

a misdemeanor. 

186. Repealing clauses. 

150. Titles of the Act and its amendments. 

An Act to regulate the nomination and election of pnblic 
officers, requiring certain expenses incident thereto to be 

[93] 



94 The Ballot Law. 

paid by the several counties, and punishing certain offenses 
in regard to such elections. (Act of the 10th day of June, 
a. d. 1893. No. 318.) 

An Act to amend the tenth section of an Act, entitled 
"An Act to regulate the nomination and election of public 
officers, requiring certain expenses incident thereto to be 
paid by the several counties, and punishing certain offenses 
in regard to such elections." (Act of the 26th day of June, 
a. d. 1895. No. 279.) 

An Act to amend section twenty-nine of an Act approved 
the tenth day of June, one thousand eight hundred and 
ninety-three, entitled "An Act to regulate the nomination 
and election of public officers, requiring certain expenses 
incident thereto to be paid by the several counties, and 
punishing certain offenses in regard to such elections/' pro- 
viding for the filling of vacancies in contested elections 
where the tribunal trying the case shall declare the election 
to be invalid. (Act of the 14th day of April, a. d. 1897. 
No. 18.) 

An Act to amend section two of an Act, entitled "An Act 
to regulate the nomination and election of public officers, 
requiring certain expenses incident thereto to be paid by 
the several counties, and punishing certain offenses in re- 
gard to such elections," approved June ten, one thousand 
eight hundred and ninety-three, providing for certifying 
nominations in cases where there is no opposition to a can- 
didate or candidates. (Act of the 22d day of June, a. d. 
1897. No. 148.) 

An Act to amend sections three, four, five, six, nine, and 
fourteen of an Act, entitled "An Act to regulate the nomi- 
nation and election of public officers, requiring certain ex- 
penses incident thereto to be paid by the several counties, 
and punishing certain offenses in regard to such elections," 
approved the 10th day of June, a. d. 1893, by specifying 
how the names adopted by political bodies may be protected, 
fixing the time for filing certificates of nominations and 
nomination papers, limiting the number of times that names 
of candidates shall appear on the official ballot, and pre- 



Text of the Act of 1893 and its Amendments. 95 

scribing how the same shall be certified by the Secretary 
of the Commonwealth. (Act of the 9th day of July, a. d. 
1897. No. 184.) 

" This title, except for the omission of a few words requiring certain 
expenses to be paid by the Commonwealth, is an exact duplication of 
the title of the Act of June 19, 1891, P. L. 349, which is repeated, 
amended, and supplied by the Act of 1893. The title restricts the subject 
of the Act to elections of ' public officers,' and expresses nothing which 
carries notice in any way of an intention to include the subject of the 
increase of municipal indebtedness. This subject had been expressly and 
elaborately legislated upon by the Act of June 9, 1891, and those in- 
terested therein would hardly suppose that the specific provisions for 
the mode of ascertaining the people's will on those questions, would be 
wholly changed by another Act only ten days later. At any rate they, 
and the members of the Legislature themselves, were entitled by the 
Constitution to notice in the title of the statute that it proposed to deal 
with that subject. The Acts of June 19, 1891, and June 10, 1893, are 
equally defective in not meeting the requirements of section 3, article 
3 of the Constitution. The specification in the title of the Act of 1893 
that it teas an Act for the regulation of the nomination and election 
of public officers, not only failed to express the intention to regulate the 
mode of voting on questions of the increase of municipal indebtedness, 
but tended to the impression that that subject teas not included. The 
title therefore teas not only insufficient but misleading: Union Pass. 
Py.'s App., 81* Pa. 91 ; Phila. v. Market Co., 161 Pa. 522. So much 
therefore ox the Act as relates to elections other than those for public 
officers must be declared unconstitutional." Evans v. Willistown Twp., 
168 Pa. 581 ; 36 W. N. 385. See also Elkin v. Potter Co. Poor Dist., 4 
Dauph. 213; 25 C. C. 531. 

151. Ballots furnished by Secretary of Commonwealth and 
county commissioners at public expense. 

Section 1. [Act of 1893, P. L. 419.] Be it enacted, etc., 
That all ballots cast in elections for public officers within 
this Commonwealth shall be printed and distributed at pub- 
lic expense as hereinafter provided. The printing of the 
ballots and of the cards of instruction for the elections in 
each county, and the delivery of the same to the election 
officers as hereinafter provided, and all other expenses 
incurred under the provisions of this Act shall be a county 
charge, unless herein otherwise provided, the payment of 
which shall be provided for in the same manner as the pay- 
ment of other election expenses. It shall be the duty of the 
Secretary of the Commonwealth to prepare forms for all 
the blanks made necessary or advisable by this Act, and to 
furnish copies of the same to the county commissioners of 



96 The Ballot Law. 

each county, who shall procure further copies of the same 
at the cost of the county and furnish them to the election 
officers or other persons by whom they are to be used, in 
such quantities as may be necessary to carry out the pro- 
visions of this Act. 

The cost of serving notice of hearing of objections is a county charge. 
Howell's Norn., 19 C. C. 598; G Dist. 690 (Berks Co.); Early v. Lu- 
zerne Co., 7 Kulp, 512 (Luzerne Co.). 

Under the Act of June 19, 1891, P. L. 349, the auditors, upon whom 
the said Act nad imposed certain duties, were entitled to compensation 
for their services. Corr v. Lackawanna Co., 163 Pa. 57, reversing Coir 
v. Lackawanna Co., 13 C. C. 12; 3 North. 393; 3 Lack. Jurist, 61 
(Lackawanna Co.) ; Packer v. Northampton Co., 3 North. 389 
( Northampton Co. ) . 

152. Nominating by political parties. 

Section 2. [Act of 1897, P. L. 180.] Any convention 
of delegates, or primary meeting of electors, or caucus held 
under the rules of a political party, or any board authorized 
to certify nominations representing a political party which, 
at the election next preceding, polled at least two per 
centum of the largest entire vote for any office cast in the 
State, or in the electoral district or division thereof for 
which such primary meeting, caucus, convention, or board, 
desires to make or certify nominations, may nominate one 
candidate for each office which is to be filled in the State, 
or in the said district or division, at the next ensuing election 
by causing a Certificate of Nomination to be drawn up and 
filed as hereinafter provided. Every such Certificate of 
Nomination shall be signed by the presiding officer and the 
secretary or secretaries of the convention, or primary meet- 
ing, or caucus, or board, who shall add thereto their places 
of residence, and shall be sworn or affirmed to by them be- 
fore an officer qualified to administer oaths, to be true to 
the best of their knowledge and belief, and a certificate of 
the oath shall be annexed to the Certificate of Nomination: 
Provided, That if any political party has by its rules pro- 
vided for a registration of candidates for nominations, and 
at the time limited for such registration, or at any subse- 
quent time, by reason of withdrawal or other cause there 



Text of the Act of 1893 and its Amendments. 97 

shall be no more candidates for any office registered or re- 
maining than are to be elected to such office, the person or 
persons so registered or remaining shall be deemed the 
nominee or nominees, with the same effect as if he or they 
had been nominated by a convention or primary meeting, or 
caucus or board. And one or more or all of the officers of 
the committee of such political party with which such 
registration shall be made, or the officer with whom it is 
made, shall make a certificate of such nomination in the 
same manner and with the same effect as if there had been 
a nomination by a convention or primary meeting, or caucus 
or board. 

See chapters III, V, and VI. 

153. Nominating by political bodies. 

Section 3. [Act of 1897, P. L. 223.] Nominations of 
candidates for any public office may also be made by 
Nomination Papers, signed by qualified electors of the State, 
or of the electoral district or division thereof for which the 
nomination is made, and filed in the proper office as provided 
in section five of this Act. Blank forms for making such 
nomination shall be furnished by the Secretary of the Com- 
monwealth, and no other form than the ones so prescribed 
shall be used for such purpose. Where the nomination is 
for any office to be filled by the voters of the State-at-large, 
the number of qualified electors of the State signing such 
Nomination Paper, shall be at least one-half of one per 
centum of the largest vote for any officer elected in. the 
State at the last preceding election at which a State officer 
was voted for. In the case of all other nominations the 
number of qualified electors of the electoral district or 
division, signing such Nomination Paper, shall be at least 
two per centum of the largest entire vote for any officer 
elected at the last preceding election in the said electoral 
district or division for which said Nomination Papers are 
designed to be made. Each elector signing a Nomination 
Paper shall add to his signature his place of residence and 
occupation, and no person may subscribe to more than one 
7 



98 The Ballot Law. 

nomination for each office to be filled. The signatures to 
each Nomination Paper and the qualification of the signers 
shall be vouched for by the affidavit of at least five of the 
signers thereof, which affidavit shall accompany the nomina- 
tion paper: Provided, That if five of the electors com- 
posing any political body making a nomination by Nomina- 
tion Papers shall file with the prothonotary of the county 
in which the Nomination Paper or papers are to be filed an 
affidavit setting forth that they have adopted a certain 
political appellation to designate their policy, subject to the 
limitations of this act regarding the selection of names, that 
thereafter such political body shall have the exclusive right 
to use the said name or appellation for the election for 
which such nomination or nominations are made, provided 
that a certificate from the prothonotary setting forth such 
a compliance with the Act be filed with the Nomination 
Papers filed by such political body. 

See chapters III, VIII, IX, and X. 

154. Specifications in certificates and papers. 

Section 4. [Act of 1897, P. L. 225.] All Certificates of 
Nomination and Nomination Papers shall specify: One (1). 
The party or policy which such candidate represents, ex- 
pressed in not more than three words; in the case of electors 
of President and Vice-President of the United States, the 
names of the candidates for President and Vice-President 
shall be added to the party or political appellation. Two 
(2). The name of each candidate nominated therein, his 
profession, business or occupation, if any, and his place of 
residence, with street and number thereon, if any. Three 
(3). The office for which such candidate is nominated: Pro- 
vided, That no words shall be used in any Nomination Papers 
to describe or designate the party or policy, or political 
appellation, represented by the candidate named in such 
Nomination Papers as aforesaid, identical with the words 
used for the like purpose in Certificates of Nominations made 
by a convention of delegates, or primary meeting of electors, 
or caucus held under the rules of a political party, or any 



Text of the Act of 1S93 and its Amendments. 99 

board authorized to certify nominations, representing a 
political party which, at the last preceding election, polled 
two per centum of the largest vote cast: And provided 
further, That any objections filed to a nomination certificate 
or paper on account of the party or political appellation 
used therein, or involving the right as defined by sections, 
two and three of this act, to file such certificate or paper, 
shall be decided by the court of common pleas on hearing as 
hereinafter provided. 
See chapters VIII and II. 

155. Time and place of filing certificates and papers. 

Section 5. [Act of 1897, P. L. 226.] Certificates of 
Nomination for candidates for the offices of presidential 
electors and members of the House of Representatives of 
the United States and for State offices, including those of 
Judges, Senators, and Representatives, shall be filed with the 
Secretary of the Commonwealth at least forty-two days be- 
fore the day of election for which the candidates are 
nominated, and Nomination Papers for candidates for the 
said offices shall be filed with the said Secretary at least 
thirty-five days before the day of such election. Certificates 
of Nomination and Nomination Papers for candidates for all 
other offices, except township and borough offices, shall be 
filed with the county commissioners of the respective 
counties at least twenty-eight and twenty-one days, re- 
spectively, before the day of the election. Certificates of 
Nomination and Nomination Papers for candidates for town- 
ship and borough offices, and election officers and school 
directors in the same, shall be filed with the county commis- 
sioners at least eighteen and fifteen days, respectively, be- 
fore the day of election. In determining or reckoning any 
period of time mentioned in this Act, the day upon which 
the act is done, paper filed or notice given, shall be excluded 
from, and the day of election shall be included in, the 
calculation or reckoning. 

See chapters I and II. 



100 The Ballot Law. 

156. Province of receiving officer and jurisdiction of court. 

Section 0. [Act of 1897, P. L. 227.] It shall be the duty 
of the officer or officers to whom any Nomination Certificate 
or paper is brought for the purpose of filing, to examine the 
said certificate or paper, and if it lack sufficient signatures or 
be otherwise manifestly defective, it shall not be filed, but 
the action of said officer or officers in refusing to receive a 
certificate or paper, may be reviewed by the court of com- 
mon pleas of the county upon an application for a mandamus 
to compel its reception as of the date when it was brought 
to the office. All nomination certificates and papers which 
have been filed shall be deemed to be valid, unless objections 
thereto are duly made by writing filed in the court of com- 
mon pleas of the county in which the certificate or paper 
objected to has been filed, and with 'the officer or officers 
with whom such certificates or papers have been filed, and 
within the following periods : 

First. In the case of certificates and papers filed with the 
Secretary of the Commonwealth, at least thirty-five days 
before the day of election in the case of certificates of 
nomination, and at least twenty-eight days before the day of 
election in the case of nomination papers. 

Second. In the case of other certificates and papers, ex- 
cept those designed for borough and township officers, at 
least eighteen days before the day of election. 

Third. In the case of certificates and papers designed for 
borough and township officers, at least twelve days before 
the day of election. In case the court is in session, one or 
more judges thereof shall proceed to hear such objections 
without unnecessary adjournment or delay, and shall give 
such hearing precedence over all -other business before him 
or them. With respect to certificates and papers filed with 
the Secretary of the Commonwealth, such objections shall 
be heard and finally determined at least sixteen days before 
the day of election. In case the court is not in session, any 
judge thereof, on the presentation to him of the certificate 
of the prothonotary, that such objections have been filed as 
aforesaid, shall proceed to hear such objections as aforesaid. 



Text of the Act of 1S93 and its Amendments. 101 

Ko objection of any nature whatever shall be filed, unless 
accompanied by proof of service of notice of the proposed 
objection upon at least one of the candidates named in the 
certificate or paper objected to; nor shall any objection be 
heard in the absence of any of the said candidates without 
proof of service of notice of the hearing upon them. If 
the court decide that the certificate or paper objected to 
was not filed by parties entitled under this act to file the 
same, it shall be wholly void; but if it be adjudged de- 
fective only, the court shall indicate the matters as to which 
it requires amendment, and the time within which such 
amendment must be made, and every certificate or paper 
amended after the time when the names therein contained 
should have been sent to the sheriff, shall be subject to the 
provisions of this act concerning substituted nominations. 
The officers with whom nomination certificates and papers 
have been filed, shall permit the political parties or bodies 
who have filed them to amend them of their own motion at 
any time prior to the printing of the ballot. 

See chapters I, II and VII. 

157. Withdrawal and vacancy. 

Section 7. [Act of 1893, P. L. 422.] Any person whose 
name has been presented as a candidate may cause his name 
to be withdrawn from nomination, by request in writing 
signed by him and acknowledged before an officer qualified 
to take acknowledgments of deeds, and filed in the office 
where his nomination certificate or paper is on file fifteen 
days, or in the case of township and borough elections 
twelve days, previous to the day of election; and no name so 
withdrawn shall be printed upon the ballots. 

Where any office not in court of record shall for any cause 
become vacant after the time for making nominations for 
such office shall have elapsed, or when a writ for a special 
election to supply a vacancy shall direct such election to be 
held at a date which would prevent the making of nomina- 
tions in time to comply with section five of this Act, nomina- 
tions for the office to be filled may still be made in accord- 



102 The Ballot Law. 

ance with sections two and three of this Act, but in othei 

respects the provisions of section twelve of this Act shall 

apply to such nominations. 

See section 15. 

In case of vacancy by death after the primaries, see Saupp's Case, 2 
Blair, 165 (Blair Co.). 

158. Certificates and papers on file public. 

Section 8. [Act of 1893, P. L. 422.]. All certificates of 
nomination and nomination papers when filed shall be open 
under proper regulations to public inspection, and shall be 
preserved not less than two years in the offices where they 
have been filed. 

159. Duty of receiving" officers to transmit official lists. 

Section 9. [Act of 1897, P. L. 229.] The Secretary of 
the Commonwealth shall, fourteen days at least previous to 
the day of any election of United States or State officers, or 
for the adoption of amendments to the Constitution of this 
Commonwealth, transmit to the county commissioners and 
the sheriff in each county in which such election is to be 
held, duplicate official lists, stating the names and residences 
of and parties or policies represented by all candidates whose 
nomination certificates or papers have been filed with him 
as herein provided for such election, and have not been 
found and declared to be invalid as provided in section six, 
and to be voted for at each voting place in each county 
respectively, substantially in the form of the ballots to be 
used therein; duplicate copies of the text of all proposed 
constitutional amendments to be voted upon at such election. 
The county commissioners of each county shall also send to 
the sheriff of their county, at least ten days prior to the day 
of any general election, an official list containing the names 
and party or political appellations of all candidates whose 
nomination certificates or papers have been filed with the 
said commissioners as herein provided for such election, and 
to be voted for at each voting place in the county, sub- 
stantially in the form of the ballots to be used therein. 
Upon the official ballots transmitted as herein provided by 
the Secretary of the Commonwealth and county commis- 



Text of the Act of 1893 and its Amendments. 103 

sioners, and upon the ballots to be voted at any election, the 
name of any candidate shall not appear more than once by 
certificate of nomination or more than once by nomination 
papers. 

See chapters I and III. 

160. Duty of sheriff. 

Section 10. [Act of 1895, P. L. 393.] It shall be the 
duty of the sheriff of every county, at least ten days before 
any general election to be held therein, except borough and 
township elections, to give notice of the same by advertise- 
ments in at least three newspapers, if there be so many pub- 
lished in the county, two of said newspapers representing 
so far as practicable the political party which at the preced- 
ing November election cast the largest number of votes, 
and the other one of said newspapers representing so far as 
practicable the political party which at the preceding No- 
vember election cast the next largest number of votes, and 
in addition thereto the sheriff of every county shall, at least 
ten days before any general election to be held in cities of 
the first, second, and third classes, give notice of the same by 
proclamation posted up in the most conspicuous places in 
every election district in said cities of the first, second, and 
third class and in every such advertisement or proclama- 
tion, 

I. Enumerate the officers to be elected and give a list of 
all the nominations made as provided in this Act and to be 
voted for in such county, and the full text of all constitu- 
tional amendments submitted to a vote of the people, but 
the proclamation posted in each election district need not 
contain the names of any candidates but those to be voted 
for in such district. 

II. Designate the place at which the election is to be held. 

III. He shall give notice that every person, excepting 
justices of the peace, who shall hold any office or appoint- 
ment of profit or trust under the government of the United 
States, or of this State, or of any city or incorporated dis- 
trict, whether a commissioned officer or otherwise, a subor- 



104 The Ballot Law. 

dinate officer or agent who is or shall be employed under the 
Legislative, Executive, or Judiciary Department of this State, 
or of the United States, or of any city or incorporated dis- 
trict, and also that every member of Congress and of the 
State Legislature, and of the select or common council of 
any city, or commissioners of any incorporated district, is, 
by law, incapable of holding or exercising at the same time 
the office or appointment of judge, inspector or clerk of any 
election of this Commonwealth, and that no inspector, judge 
or other officer of any such election shall be eligible to any 
office to be then voted for except that of an election officer. 

The proclamation need not contain a facsimile of the ballot. Election 
Proclamation, 6 Dist. 175; 19 C. C. 151 ( Atty.-Gen. ) . 

It is the sheriff's duty to give notice of general elections by adver- 
tisements in at least three newspapers, if there be so many published 
in the county. Subject to the limitations expressed in the Act the dis- 
cretionary power to select the newspapers is vested exclusively in 
him. If the sheriff exceeds his authority, the county is not liable. The 
county commissioners have nothing to do with the selection of the news- 
papers. Graham v. Schuylkill Co., 16 Sup. Ct. 182. See also Bogert 
v. Luzerne Co., 13 Sup. Ct. 549; Record a Luzerne Co., 6 Sup. Ct. 
600; Publishing Co. v. Sellers, 1 Dauph. 333; 7 Dist. 665; 21 C. C. 
509; Hirsh v„ Schuylkill Co., 23 C. C. 366; 9 Dist. 297 (Schuylkill Co.) ; 
Coffroth v. Somerset Co., 19 C. C. 354 (Somerset Co., Greer, P. J., 
specially presiding) ; Burnett v. Mercer Co., 3 Dist. 379 (Mercer Co.) ; 
Intelligencer v. Lancaster Co., 9 Dist. 392; 16 Lane. 393; 7 Del. 486; 6 
Lack. 200; 14 York, 34 (Lancaster Co.) ; Bartholomew v. Lehigh Co., 
148 Pa. 82. 

Effect of failure to give notice, see Connolly v. Lynn, 5 North. 394 
(Northampton Co.) ; Com. v. Reynolds, 5 Kulp, 547 (Luzerne Co.) ; 
Forney's Election, 19 C. C. 250; Wallace v. Hough, 22 C. C. 447 (Wash- 
ington Co.). 

161. Substituted nominations. 

Section 11. [Act of 1893, P. L. 424.] In case of the 
death or withdrawal of any candidate nominated as herein 
provided, the party convention, primary meeting, canens, 
or board, or the citizens who nominated snch candidate may 
nominate a substitute in his place, by filing in the proper 
office at any time before the day of election, a nomination 
certificate or paper which shall conform to all the require- 
ments of this Act in regard to original certificates or papers : 
Provided, that if the said convention or citizens shall have 
authorized any committee, or if any executive committee 
of any political party be authorized by the rnles of said 



Text of the Act of 1893 and its Amendments. 105 

party, to make nominations in the event of the death or 
withdrawal of candidates, the said convention shall not be 
required to reconvene nor the said citizens to sign a new 
Nomination Paper, but the said committee shall have power 
to file the requisite nomination certificate or paper, which 
shall recite the facts of the appointment and powers of the 
said committee (naming all its members), of the death, or 
withdrawal of the candidate, and of the action of the com- 
mittee thereon, and the truth of these facts shall be verified 
by the affidavit annexed to the certificate or paper of two 
members of the committee, and also of at least two of the 
officers of the convention who made affidavit in support of 
the original certificate, or two of the citizens who made 
affidavit to the original paper: And provided also, That in 
case of a substituted Nomination Paper not filed by a com- 
mittee, but signed by citizens, it shall only be necessary that 
two-thirds of the signers of the said paper shall have been 
signers of the original paper. 

As to the status of the official bod^ after death or withdrawal of a 
candidate, see Ashcom's Norn., 3 Dauph. 48; Gri. 55; 3 Dist. 761; 15 
C. C. 417. 

As to the necessity of naming all the members of committee, see Ber- 
lin's Norn., 1 Dauph. 353; Gri. 120; 7 Dist. 663; 22 C. C. 615. Sec- 
tion 132. 

162. Objections to, and duty of officers in regard to, substituted 
nominations. 

Section 12. [Act of 1893, P. L. 424.] All substituted 
nomination certificates or papers may be objected to as pro- 
vided in section six of this Act, and if a substituted certificate 
or paper be filed after the last day for filing the original 
certificate or paper, objections must be made within four 
days after the filing, and no objections as to form and con- 
formity to law shall be received after the time set for print- 
ing the ballots. 

As soon as any substituted candidate shall have been duly 
nominated, his name shall be substituted by the proper offi- 
cers in the place of that of the candidate who has died or 
withdrawn so far as time may allow, and in case a substi- 
tuted nomination be filed with or transmitted to the county 



106 The Ballot Law. 

commissioners after the ballots have been printed, the said 
commissioners shall prepare and distribute with the ballots 
suitable slips of paper bearing the substituted name, to- 
gether with the title of the office, and having adhesive paste 
upon the reverse side, which shall be offered to each voter 
with the regular ballot and may be affixed thereto. 

As to time of filing, see Clay's Norn., 2 Dist. 19; 12 C. C. 419 (Phila. 
Co.). 

As to stickers, see Lawlor's App., 180 Pa. 566; 40 W. N. 221; Mc- 
Cowin's App., 165 Pa, 236; 35 W. N. 533; 25 Pitts. 263; De Walt v. 
Bartley, 146 Pa. 544. 

163. County commissioners print the ballots. 

Section 13. [Act of 1893, P. L. 424.] The county com- 
missioners of each county shall cause all the ballots to be 
used therein to be printed. The said commissioners shall 
ascertain the offices to be filled and shall be responsible for 
the accurate printing of the ballots in accordance with this 
Act, and for the safe keeping of the same while in their 
possession, or that of their subordinates or agents. 

It is the duty of those specially charged with the preparation of the 
official ballots to see that the name or title of every office to be filled 
at the forthcoming election is distinctly designated thereon as the 
Election Law specifically requires. Lawlor's App., 180 Pa. 569; 
40 W. N. 221 (1897). See also Elizabethville Election, 2 Dauph. 380; 
5 Dist. 227; 17 C. C. 567; Forney's Election, 19 C. C. 250. Official 
ballot, 1 Dist. 727 (Atty.-Gen.) ; Com. v. Willis, 10 Kulp, 300; 2 Blair, 
20 (Luzerne Co.). 

164. Contents of ballot. 

Section 14. [Act of 1897, P. L. 231.] The face of every 
ballot which shall be printed in accordance with the pro- 
visions of this Act shall contain the names of all candidates 
whose nomination for any office specified in the ballot shall 
have been duly made, except such as may have died or with- 
drawn, arranged as hereinafter provided. 

The names of the candidates of each political party or 
body of electors shall be arranged under the titles of the 
offices for which they are nominated in parallel columns, 
with the party or political appellation at the head of each 
column. The said columns shall be enclosed by heavy lines 
and separated from each other by a clear space of at least 



Text of the Act of 1893 and its Amendments. 107 

one-eighth of an inch, and shall be printed in the order, as 
nearly as possible, of the votes obtained in the State at the 
last State election by the parties or bodies nominating, be- 
ginning with the party or body which obtained the highest 
vote for the candidate, at the head of its column, at snch 
election. When Presidential electors are to be voted for, 
there shall be printed above each of the said columns, the 
names of the candidates for Presidential electors nominated 
by the party or body of citizens named in the column, ar- 
ranged in groups with the party or political appellation, and 
the surnames of the candidates for President and Vice- 
President at the head of each group. There shall be printed 
above each column of candidates of a political party or body, 
a circle three-fourths of one inch in diameter, and there 
shall be printed around but without the circle the following 
words: " For a straight ticket mark within this circle." 

There shall be left at the right of the groups of candidates 
for Presidential electors, and of the lists of candidates for 
other offices, or under the title of the office itself for which 
an election is to be held in case there be no candidates legally 
nominated therefor, as many blank spaces as there are per- 
sons to be voted for, by each voter for such office, in which 
spaces the voter may insert the name of any person whose 
name is not printed on the ballot as a candidate for such 
office, and such insertion shall count as a vote without the 
cross-mark hereinafter mentioned. 

Whenever the approval of a constitutional amendment or 
other question is submitted to the vote of the people, such 
question shall be printed upon the ballots in a brief form 
and followed by the words, " yes " and " no," and if such 
question be submitted at an election of public officers, it 
shall be printed below the lists of candidates. The ballots 
shall be so printed as to give each voter a clear opportunity 
to designate his choice of candidates by a cross-mark (X) 
in a square of sufficient size at the right of the name of each 
candidate and inside the line enclosing the column, and in 
like manner answers to the question submitted by similar 
marks in squares at the right of the words " yes " and " no," 



108 The Ballot Law. 

and on the ballot may be printed instructions how to mark, 
and such words as will aid the voter to do this, as " mark 
one/' " mark three/' and the like: Provided, That a voter 
may designate his choice of an entire group of candidates 
for Presidential electors by one cross-mark in a large square, 
which shall be placed at the right of the surnames of the 
candidates for President and Vice-President at the head of 
such group, and such mark shall be equivalent to a mark 
against every name in the group: Provided further, That 
a voter may designate his choice of all the candidates of a 
political party by one cross in the circle above such column, 
and such mark shall be equivalent to a mark against every 
name in the column. 

In Merion Twp. Elec, 13 Montg. 69 (Montg. Co.), the question, as 
to whether the not placing the offices and candidates parallel t^ each 
other would render an election illegal, was not passed upon. 

See the cases cited under sections 13 and 22 of the Act. 

So much as relates to elections other than those for public officers 
is unconstitutional. Evans v. Williston Twp., 168 Pa. 580; 36 W. N. 
385; Eades v. Weir, 42 Pitts. 126 (Allegheny Co., 1894); Milvale 
Borough Election, 5 Dist. 726; 18 C. C. 155 (Allegheny Co., 1896). 

165. Form of ballot. 

Section 15. [Act of 1893, P. L. 426.] All the ballots 
used at the same voting place at any election shall be alike, 
and shall be at least six inches long and four inches wide. 
They shall be printed with the same kind or kinds of type 
(which shall not be smaller than size known as " brevier " 
or " eight-point body "), upon white paper without any im- 
pression or mark to distinguish one from another, and of 
sufficient thickness to prevent the printed matter from show- 
ing through. Each ballot shall be attached to a stub or 
counterfoil, and all the ballots for the same voting place 
shall be bound together in convenient numbers in books in 
such manner that each ballot may be detached and removed 
separately. 

A diagonal tolding line shall be printed on the right-hand 
upper corner of the back of each ballot, and the said corner 
shall be edged with adhesive paste so that the corner when 
folded at the folding line can be securely fastened down 



Text of the Act of 189 3 and its Amendments. 109 

over the number uoav required by the Constitution of this 
Commonwealth, so that the said number cannot be seen 
without unfastening or cutting open the part so fastened 
down. The top of each ballot shall have a margin of equal 
size on both back and face, and the said folding line shall 
be upon this margin, and the space between the folding line 
and the paste shall be filled in with solid printing, and 
nothing else shall be printed on the margin except instruc- 
tions how to mark: Provided, That if at any time the said 
Constitution shall cease to require ballots to be numbered, 
the foregoing requirements as to the folding line, the mar- 
gin, and the adhesive paste shall be void. 

On the back of each ballot, or on the right-hand side of 
the back, if the ballot is printed in two columns, there shall 
be printed as a caption, " official ballot for," followed by the 
designation of the voting place for which the ballot is pre- 
pared, the date of the election and a facsimile of the signa- 
tures of the county commissioners of the respective counties 
who have caused the ballots to be printed. A record of the 
number of ballots printed and furnished to each voting place, 
shall be kept and preserved by the county commissioners 
of the several counties. "When it is shown by affidavit that 
mistake or omission has occurred in the publication of names 
or description of candidates, or in the printing of the ballots, 
the court of common pleas of the district or county, or any 
judge thereof, may upon the application of any qualified 
elector of the district or county require the county com- 
missioners to correct the mistake or omission, or to show 
cause why they should not. 

See under section 172 the amended section 4 of article VIII of the 
Constitution, which ceases to require ballots to be numbered. That 
amendment was adopted at the general election in November. 1901, 
and at the following general municipal election in February, the bal- 
lots were not numbered. 

166. Sufficient quantity, instructions, specimen ballots, ballot 
check-list, etc., to be furnished. 

Section 16. [Act of 1893. P. L. 427.] The county com- 
missioners of each county shall provide for each election 



110 The Ballot Law. 

district in which an election is to be held, one set of snch 
ballots of not less than seventy-five for every fifty and frac- 
tion of fifty voters therein, as contained npon the assessors 
list. They shall also prepare full instructions for the guid- 
ance of voters, as to obtaining ballots, as to the manner of 
marking them and the method of gaining assistance, and as 
to obtaining new ballots in place of those accidentally 
spoiled; and they shall respectively cause the same, together 
with copies of sections thirty to thirty-five inclusive of this 
Act, to be printed in large clear type on separate cards to 
be called Cards of Instruction. They shall also, in addition 
to the number of tickets required to be printed for general 
distribution, have printed five hundred official and one hun- 
dred sample ballots for every five thousand voters within 
the county, which tickets shall be kept at the office of the 
commissioners for the use of any district or districts, the 
tickets for which may be lost or destroyed. They shall also 
cause to be printed on tinted paper and without the fac- 
simile endorsements, copies of the form of the ballot pro- 
vided for each voting place at each election therein, which 
shall be called Specimen Ballots, and at each election they 
shall furnish to each voting place, together with the ballots 
to be used there, a sufficient number of cards of instruction 
and specimen ballots for use as required in section twenty- 
one of this Act. They shall also provide for each election 
district at every election therein, two copies of the assessor's 
lists of voters, and shall deliver the same as such lists are 
now delivered, one copy to be called the " ballot check-list," 
for the inspectors in charge of the ballots, and the other 
copy to be called the " voting check-list," to be used in 
marking the name of those who have voted and the number 
of their ballots as now required by law. 

There is no authority conferred on the courts to give in advance in- 
structions to voters as to the manner of marking their ballots. Com. 
v. Mercer, 190 Pa. St. 137; 29 Pitts. 343 (1899). 

167. Delivery of ballots, etc., to judges of election. 

Section 17. [Act of 1893, P. L. 427.] The ballots, to- 
gether with the specimen ballots and cards of instruction 



Text of the Act of 1893 and its Amendments. Ill 

printed by the county commissioners as herein provided, 
shall be packed by them in separate sealed packages with 
marks on the outside clearly designating the election dis- 
tricts for which they are intended, and the number of bal- 
lots of each kind enclosed. 

They shall then be sent by the county commissioners of 
the respective counties to the judges of election at the sev- 
eral voting places so as to be received by them on the Satur- 
day or Monday before the day of election. The respective 
judges of election shall on delivery to them of such pack- 
ages, return receipts therefor to the commissioners, who 
shall keep a record of the time when and the manner in 
which the several packages are sent, and shall preserve for 
the period of one year, the receipts of the said judges of 
election. 

The commissioners of any county may, if they prefer, in- 
stead of sending the packages to the judges or any number of 
them in the manner aforesaid, notify the judges of the elec- 
tion districts for which the said commissioners are required 
to provide ballots, to come to the said commissioners' office 
on the day before the election, at a time specified, and it shall 
be the duty of each of the said judges to come to the said 
office at that time, and there on presentation of his certificate 
of election as judge, to receive and receipt for one package 
of ballots, specimen ballots and cards of instruction, for 
use in his election district. He shall keep the said package 
sealed and shall be responsible for the safe keeping thereof 
until the ballots are used at the election. In case a judge 
of the elections is prevented by illness from performing the 
duties aforesaid, he shall depute one of the inspectors to act 
in his place. 

168. Substituted ballots. 

Section 18. [Act of 1893, P. L. 428.] In case the bal- 
lots to be furnished to any voting place in accordance with 
the provisions of this Act shall fail for any reason to be 
duly delivered, or in case after delivery they shall be de- 
stroyed or stolen, it shall be the duty of the judge of elec- 



112 The Ballot Law. 

tion of such voting place to cause other ballots to be pre- 
pared substantially in the form of the ballots so wanting, 
and upon receipt of such other ballots from him accompanied 
by a statement under oath that the same have been so pre- 
pared and furnished by him, and that the original ballots 
have so failed to be received, or have been so destroyed or 
stolen, the election officers shall cause the ballots so substi- 
tuted to be used in lieu of the ballots wanting as above. 
It shall be the duty of the county commissioners of each 
county to mail complete specimens of the ballots and other 
necessary papers by registered letter to the judge of elec- 
tions of each election district, at least four days before the 
election, to enable him to comply with the directions of this 
section. 

169. Voting" places and their arrangement. 

Section 19. [Act of 1893, P. L. 428.] The county com- 
missioners of each county shall provide for each election 
district therein, at each election, a room large enough to 
be fitted up with voting shelves and a guard-rail as herein- 
after provided. If in any district no such room can be 
rented or otherwise obtained, the said commissioners shall 
cause to be constructed for such district a temporary room 
of adequate size to be used as a voting room. They shall 
also cause all the said rooms to be suitably provided with 
heat and light, and with a sufficient number of voting shelves 
or compartments, at or in which voters may conveniently 
mark their ballots, with a curtain, screen or door at the 
upper part of the front of each compartment, so that in the 
marking thereof they may be screened from the observa- 
tion of others, and a guard-rail shall be so constructed and 
placed that only such persons as are inside said rail can 
approach within six feet of the ballot-box and of such voting 
shelves or compartments. The arrangements shall be such 
that neither the ballot-box nor the voting booths shall be 
hidden from view of those just outside the said guard-rail. 
The number of such voting shelves or compartments shall 
not be less than one for every seventy-five names on the 



Text of the Act of 1893 and its Amendments. 113 

assessor's lists; but shall not in any case be less than three 
for the voters qualified to vote at such voting place. No 
persons other than the election officers and voters admitted 
as hereinafter provided, shall be permitted within the said 
rail, except by authority of the election officers for the pur- 
pose of keeping order and enforcing the law. Each voting 
shelf or compartment shall be kept provided with proper 
supplies and conveniences for marking the ballots. 

The Act of 1891 (§ 19) was construed neither expressly nor by im- 
plication to repeal the Acts of July 2, 1839, P. L. 530, and April 20, 
1854, P. L. 419. Its reasonable meaning was held to be that the com- 
missioners were to provide for each election district, at the place 
for holding elections, a suitable room; if such room already con- 
structed could not be had, then a temporary one was to be provided 
at such place. The commissioners have no authority to change the 
place of election. Egly v. Commissioners, 158 Pa. 65, 24 Pitts. 207 
(1893). See also Eighth Ward Election, 18 C. C. 518, 5 North. 289 
(Northampton Co.) ; Morse Sub School District v. County Commis- 
sioners, 23 Pitts. 150 (Allegheny Co.). 

170. Duties upon opening of polls. 

Section 20. [Act of 1893, P. L. 42'9.] At the opening 
of the polls in each voting place the seals of the packages 
shall be publicly broken and the said package shall be opened 
by the judge of elections. The cards of instruction shall 
be immediately posted at or in each voting shelf or com- 
partment provided in accordance with this Act for the mark- 
ing of the ballots, and not less than three such cards and 
not less than five specimen ballots shall be immediately 
posted in or about the voting room outside the guard-rail; 
and such cards and specimen ballots shall be given to any 
voter at his request. 

171. How the voter receives a ballot. 

Section 21. [Act of 1893, P. L. 429.] Any person de- 
siring to vote shall give his name and residence to one of 
the election officers in charge of the ballots, who shall there- 
upon announce the same in a loud and distinct tone of voice, 
and if such name is found upon the ballot check-list by the 
inspector or clerks in charge thereof, he shall likewise repeat 
the said name, and the voter shall be allowed to enter the 



114 The Ballot Law. 

space enclosed by the guard-rail, unless his right to vote be 
challenged. Iso person whose name is not on the said list 
or whose right to vote shall be challenged by a qualified 
citizen, shall be admitted within said guard-rail until he has 
established his right to vote in the manner now provided 
by law, and 'his name, if not on the check-lists, shall then be 
added to both lists. As soon as a voter is admitted within 
the rail the election officer having charge of the ballots shall 
detach a ballot from the stub and give it to the said voter, 
but shall first fold it so that the words printed on the back 
and outside, as provided in section fifteen of this Act, shall 
be the only wording visible and no ballot shall be voted 
unless folded in the same manner. Not more than one 
ballot shall be given to a voter except as is provided in sec- 
tion twenty-five of this Act. As soon as a voter receives 
a ballot the letter " B " shall be marked against his name 
on the margin of the ballot check-list; but no record of the 
number of the ballots shall be made on the said lists. Be- 
sides the election officers and such supervisors as are author- 
ized by the laws of the United States or overseers appointed 
by the courts of this Commonwealth, not more than four 
voters in excess of the number of voting shelves or com- 
partments provided, shall be allowed in said enclosed space 
at one time. 

172. How the voter marks and casts his ballot. 

Section 22. [Act of 1893, P. L. 430.] On receipt of 
his ballot the voter shall forthwith and without leaving the 
space enclosed by the guard-rail retire to one of the voting 
shelves or compartments, and draw the curtain or shut the 
screen or door, and shall prepare his ballot by marking, if he 
desires to vote for every candidate of a political party, a 
cross in the circle above the column of such party, if other- 
wise he shall mark in the appropriate margin or place a 
cross (X) opposite the party name or political designation, 
or a group of candidates for presidential electors, and oppo- 
site the name of the candidate of his choice for each other 
office to be filled, according to the number of persons to be 



Text of the Act of 1893 and its Amendments. 115 

voted for by him for each office, or by inserting in the blank 
space provided therefor any name not already on the bal- 
lot; and in case of a question submitted to the vote of the 
people, by marking in the appropriate margin or place a 
cross (X) against the answer which he desires to give. In all 
cases where by existing laws a voter is entitled to cast more 
than one vote for a single candidate, he shall place in the 
appropriate square, instead of a cross, a number which shall 
indicate the number of votes to be counted for the candidate 
whose name is so marked. Before leaving the voting shelf 
or compartment the voter shall fold his ballot without dis- 
playing the marks thereon, in the same way it was folded 
when received by him, and he shall keep the same so folded 
until he has voted. 

After leaving the voting shelf and before leaving the 
enclosed space, he shall give his ballot to the election officer 
in charge of the ballot-box, who shall without unfolding the 
ballot number it as required by the Constitution of this 
Commonwealth, placing the said number in the right-hand 
upper corner of the back of the ballot immediately to the 
left of the folding line printed thereon and nowhere else, 
and shall then at once fold the corner at the folding line 
and fasten it securely down with the adhesive paste so as 
to cover the number on the ballot so that it cannot be seen 
without unfastening or cutting open the part so fastened 
down, and shall then deposit the ballot in the box. The 
voter shall mark and deliver his ballot without undue delay 
and shall quit the enclosed space as soon as his ballot has 
been deposited: Provided, that if at any time the Consti- 
tution of this Commonwealth shall cease to require ballots 
to be numbered, no number shall be marked on the ballot, 
and it shall be deposited in the ballot-box by the voter him- 
self. 

Section 4 of article VIII of the Constitution, which required the bal- 
lots to be numbered, was amended at the general election in 1901 to 
read as follows: "All elections by the citizens shall be by ballot or 
by such other method as may be prescribed by law; provided, that se- 
crecy in voting be preserved." See section 165. 

The elector must prepare his ballot in the booth. Little Beaver 
Township Election, 26 Pitts. 263 (Lawrence Co.). 



116 The Ballot Law. 

The prescribed method of preparing the ballot. — " Everything 
necessary or proper to be done Dy the voter in order to record the free 
and unconstrained expression of his choice of persons to fill the respec- 
tive offices is thus provided for; and the manner in which said right of 
choice shall be exercised is specifically pointed out. If he desires to 
vote for any of those whose names are printed on the official ballot, 
he must do so by " marking," as directed by the act. If he wishes to 
vote for persons whose names are not already on the ballot, he can 
do so by " inserting " their names in the blank spaces prepared there- 
for ; but he has no right to insert anything else in said blank spaces 
or in any other part of the right-hand column. 

" In so far as the mode of voting is thus specifically prescribed by the 
act, all other modes are, by necessary implication, forbidden. Expressio 
iinius, est exclusio alteriua." McCowin's App., 165 Pa. 237 : 35 W. N. 
533; 25 Pitts. 263 (1895). 

A local Fusionist, who is at the same time a National, State or con- 
gressional party follower, with a separate column on the official ballot, 
cannot vote for presidential electors. State officers or Congress by a 
cross-mark within the circle at the top of the Fusion column. If he 
votes by cross-mark there, he will vote only the local county ticket. 
If he desires to vote for President, a State officer and congressman, he 
will be obliged to mark every name except for presidential electors, 
as well on his own local party ticket as on that of any of the existing 
parties which have placed a National, State or congressional ticket 
in nomination. Jeffries' Norn., 3 Dauph. 291; Gri. 169; 9 Dist. 663; 
24 C. C. 535; 6 Lack. 297. 

The meaning" of " inserting." — "It would be a strained construc- 
tion to hold that the word ' inserting/ as used in the Act, means in- 
serting by writing. It certainly does not say so, and we see no reason 
why we should place this construction upon it. The fact that, by sec- 
tion 12, the name of a substituted candidate is authorized to be placed 
upon the ballot by the use of what is commonly known as a " sticker," 
furnishes no sufficient reason why the name of a candidate, not on the 
official ballot, should not be inserted in the same way. On the con- 
trary, it recognizes the convenience and the propriety of this mode of 
insertion." De Walt v. Bartley, 146 Pa. 544 (1892). 

Certain irregularities sustained. — " Upon a careful examination of 
the ballots, we find they were all properly marked as provided bv the 
Act of 1893. The intent of the voters was clearly indicated. There 
were no votes for more than the number of candidates the voter had 
the right, under the law, to vote for. The only irregularity was that, in 
the Democratic column, there was no candidate printed on the official 
ballot for township auditor. That was left blank. Upon seventeen of 
the ballots the inspector of election wrote the name of J. T. Lucas in 
this blank space. Upon thirty-seven of them the voters wrote the 
name of J. T. Lucas in this blank space in the Democratic column. 

" The only question is whether the filling in of the name in writing in 
this blank space for auditor makes the whole ballot illegal. That it 
makes the votes so cast for Lucas illegal there is no question. The 
ballots in every other particular wer° properly marked. The fifty-four 
ballots alleged to be irregular and illegal, being Droperly marked for 
all other candidates except that of auditor, we think they were within 
the provisions of said twenty-seventh section." Kerrin v. Bullock, 25 
C. C. 64 (1901, Center Co.». 

"Each column of the ballot in that case [Newberry Two. Elec., supra] 
contained names of candidates for all the offices to be filled or voted 
for, so that when the voter had marked a cross in the circle at the 



Text of the Act of 1893 and its Amendments. 117 

head of the column he had exhausted his privilege of voting, and could 
not of course vote for any other person in another column, nor could 
he indicate his choice by erasures or striking out names by pencil- 
marks. This undoubtedly was not marking the ballot as directed by 
the Act. On the contrary, it was such an unauthorized mutilation of 
the ballot as made it uncertain what the intention of the voter was, 
and therefore required its rejection. In the case before us, the Repub- 
lican column on the ballot was incomplete. Two persons were voted for 
and elected to the office of supervisor. The name of only one person 
for that office was in said column, while the names of two persons for 
the same office were in the Democratic column. By voting the Repub- 
lican ticket, by placing a cross in the circle, the voters had not ex- 
hausted their privileges, and they therefore had the undoubted right 
of voting, as they did, for one candidate for supervisor in the Demo- 
cratic column." Gearhart Twp. Elec, 192 Pa. 451 (1899). 

The ballots were marked at the left instead of the right of the name 
of the candidate. The printed ballot did not distinctly show any square 
at the right of the candidates' names. Held, that the ballots showed 
the clear intention of the voter and should be counted. Sharon Hill 
Elec, 5 Del. 433; 3 Lack. Jurist. 287 (Delaware Co.). 

The Democratic column contained the names of only two candidates 
for school director, whereas three were to be elected, and the name, 
of only one candidate for supervisor, whereas two were to be elected. 
In the column headed " Nomination Papers " was printed one other 
name for school director and one other name for supervisor. Ballots 
marked with a cross within the circle at the top of each column were 
held to be legal, because both columns together just made a complete 
ticket. Reed v. McArthur, 15 C. C. 136 (Huntingdon Co., Bell, P. J., 
specially presiding, 1894). 

Irregularities not sustainable. — The mark of a one ( 1 ) in the 
square provided for the cross-mark, or a cross-mark (X) in the square 
below it does not have the effect of a cross-mark (X) in the proper 
place for it. Flynn's Contested Elec, 181 Pa. 460; 41 W. N. 33 
(1897). See also East Coventrv Elec, 3 Dist. 377 (Chester Co., 1894). 
Cf. Louck's Case, 3 Dist. 127 ; 6 York, 179 (York Co., 1893) ; York'? 
Elec, 3 Dist. 127; 10 Lane 228; 6 York, 179; 13 C. C. 205 (York Co., 
1893). Contra, Weidknecht v. Hawk, 3 Dist. 123; 13 C. C. 41 ; 6 York, 
183; 5 Del. 242; 3 North. 381 (Northampton Co., 1893) ; Hughes' Elec, 
3 Lack. Jurist. 313 (Lackawanna Co.) ; Hempfield Elec. 3 Dist. 499; 
14 C. C. 577 (Mercer Co., 1894) ; Coleman v. Gernet, 3 Dist. 500: 14 
C. C. 578; 8 York, 11; 4 North. 202 (Northampton Co., 1894) ; Mid- 
dendorf's Case, 4 Dist. 78 (Sullivan Co.. 1894). 

A straight mark in the circle or square or outside the circle or 
square cannot be called a compliance with the statutory requirement 
of making an " X " within the circle at the top or within the square 
opposite the candidate's name. Pike Twp. Election, 18 C. C. 280: 5 
Dist. 519 (Potter Co., 1896). See also Long v. Kochenderfer, 3 Dist. 
678 (Perry Co., 1894). 

"At the last spring election for township officers in Newberry town- 
ship three ballots were rejected by the election board, whose action 
was affirmed by the court below. If the ballots had been counted for 
the appellant, he would have been elected to the office of assessor of 
said township. Hence this appeal. 

"Each of tire ballots contained a cross marked in the circle at the 
head of the Republican column, in which column was printed the 
name of armellant in the space designated for the candidate for as- 
sessor. In two of the ballots the names of two of the candidates for 



118 The Ballot Law. 

the office of auditor in the Republican column were erased with a 
pencil-mark, and cross-marks were placed in the squares at the right 
of the names of two of the candidates for auditor in the Democratic 
column. In the third ballot the name of the candidate for the office 
of supervisor in the Republican column was stricken out with a pencil- 
mark, and a cross-mark was placed at the square at the right of the 
name of one of the candidates for supervisor in the column set apart 
for candidates put in nomination by ' nomination papers.' " These 
ballots were clearly illegal. Newberry Twp. Elec, 187 Pa. 300; 42 
W. N. 513; 11 York, 169 (1898). See also Election Instructions, 2 
Dist. 1 (Bucks Co., 1892). Cf. Mead Township Elec, 25 C. C. 569 
(Warren Co., 1901), which seems to hold contrariwise, as to the mean- 
ing of the voter in double-marking, to Twentieth Ward Councilman 
Elec, 3 Dist. 120 (Philadelphia Co., 1894) ; Coleman v. Cernet, 3 Dist. 
500; 14 C. C. 578; 8 York, 11; 4 North. 202 (Northampton Co., 1894) ; 
Hughes' Elec, 3 Lack. Jurist, 313 (Lackawanna Co.). 

" This ballot was marked by a cross in the circle at the head of both 
the Republican and Prohibition columns, and therefore means a vote 
for all the candidates on each ticket. The Republican ticket contained 
the names of candidates for all the offices, and the Prohibition ticket 
contained the names of candidates for all the offices except justice of 
the peace and constable. It must be conceded that this ballot was not 
properly marked, so far as the names of the candidates for the same 
offices on the two tickets are concerned, and should be rejected. Can it 
be rejected for all the offices except constable and counted for that office? 
There is no cross-mark (X) opposite the name of the candidate for 
constable, and hence, if the ballot be counted for constable, it must 
be by virtue of the cross-mark (X) at the head of the Republican 
column. This is not sufficient." Fairchance Borough's Election, 8 Dist. 
595; 22 C. C. 459 (Fayette Co., 1899). 

The official ballot did not contain either the name of appellant, or 
the name or title of the office of justice of the peace. " The only 
way therefore in which appellant's name and the title of the office 
could have appeared on the ballots cast for him was by their being 
upon separate tickets or stickers which were inserted and pasted upon 
said ballots by those who voted for him. There is no authority in the 
Election Law or elsewhere for thus voting for a person to fill an 
office the name or title of which is not designated on the official ballot 
prepared for the use of the voters." Lawlor's App., 180 Pa. 569; 40 
W. N. 221 (1897). 

The right-hand column. — " The right-hand column is part of the 
official ballot. In addition to the requisite number of blank spaces for 
the insertion of names not already on the ballot, the respective titles 
of the different offices to be filled, and instructions as to the number 
of names that may be inserted underneath said titles respectively, are 
intended as guides not only for the voter, but also for the election 
officers. To permit the voter to procure, from outside parties, a 
slip-ticket or sticker, corresponding in size with said column, and paste 
the name over the printed matter, as well as the blank spaces thereon, 
would be contrary to the letter as well as the spirit of the Act. But 
it is enough for us to know that no authority can be found in the Act 
for doing any such thing." McCowin's App., 165 Pa. 238; 35 W. N. 
533; 25 'Pitts. 263 (1895). 

The plain requirement of the law in preparing his ballot is disre- 
garded, when the voter undertakes to vote " by ' marking ' for a person 
whose name was printed on the ballot, and also undertakes to vote 
by ' inserting ' an additional name in the blank space provided exclu- 



Text of the xVct of 1893 axd its Amendments. 119 

sively for names not already on the ballot. The presumption is that 
he knew the blank space was intended only for the insertion of names 
not printed on the ballot, and that the person whose name he wrote 
in the blank space was not the same person whose name, printed in 
the left-hand column, he marked with a cross (X)." Redman's App., 
173 Pa, 64; 37 W. N. 392; 26 Pitts. 275 (1896). 

Where two were to be voted for, but only one was nominated and 
printed on the ballot, and the voter voted for two bv marking a cross 
in the circle at the head of the column, and by writing the name of 
the second in the proper place in the right-hand-column, such ballot 
was held to be legal. Providence Twp. Elec, 13 Lane. 273 (Lancaster 
Co.). 

Ballots cast by writing the names and the terms of office in the 
blank column on the right of the ballot, none of the persons being 
named in the other columns, are illegal. Nothing can be written in 
that column except the name. Elizabethville Election, 2 Dauph. 380; 
5 Dist. 227; 17 C. C. 568 (1896). See also Connelly v. Lynn, 5 North. 
394 ( Northampton Co. ) . 

If an elector desires to vote for a person whose name is not printed 
on the ballot at all, he inserts the name of such person in the column 
of the official ballot nrovided for that purpose without marking a cross. 
Supervisors' Election, 5 Dist. 393; 17 C. C. 657 (Cambria Co., 1896). 
However, the insertion of the name and the marking of a cross thereat 
does not make the ballot illegal. Foreman's Elec, 30 Pitts. 318 (Alle- 
gheny Co.). See also Freemansburg's Elec, 7 North. 387 (Northamp- 
ton Co.) . 

The purpose of the prescribed method. — " It is not enough that 
the intention of the voter may possibly be ascertained, or his irregular 
and equivocal acts explained by evidence dehors his ballot. The pur- 
pose of the legislature in prescribing the form of ballot and specifi- 
cally directing how it should be prepared and used by the voter, was 
to avoid all such inquiries and the consequences likely to result there- 
from. It was intended that the ballot, when prepared by the voter 
and delivered to the proper election officer, should be per se self-explana- 
tory. There is no good reason why it should not be so." Redman's App., 
173 Pa. 64; 37 W. N. 392; 26 Pitts. 275 (1896). 

173. Regulations and safeguards at the polls. 

Section 23. [Act of 1893, P. L. 430.] ~No voter shall 
be allowed to occupy a voting shelf or compartment already 
occupied by another, except when giving the help allowed by 
section twenty-six of this Act, nor to remain within said 
compartment more than three minutes in case all of such 
compartments are in use, a»nd other voters are waiting to 
occupy the same. !N~o voter not an election officer shall be 
allowed to re-enter the enclosed space after he has once left 
it, except to give help as hereinafter described. Each 
voter's name shall be checked on the voting check-list by the 
officer having charge thereof, as soon as he has cast his 
vote in the manner now provided by law. It shall be the 



120 The Ballot Law. 

duty of the judge of election to secure the observance of the 
provisions of this section, to keep order in the room in which 
th 3 voting is held and to see that no more persons are ad- 
mitted within the enclosed space than are allowed by this 
Act. Each party which has by its primary meeting, caucus, 
convention or board, sent to the proper office a certificate 
of nomination, and each group of citizens which has sent 
to the proper office a nomination paper as provided in sec- 
tions two and three of this Act, shall be allowed to appoint 
three electors to act as watchers in each voting place with- 
out expense to the county, one of whom shall be allowed to 
remain in the room outside of the enclosed space. Each 
watcher shall be provided with a certificate from the county 
commissioners, stating his name, the names of the persons 
who have appointed him and the party or policy he repre- 
sents; and no party or policy shall be represented by more 
than one watcher in the same voting room at any one time. 
"Watchers shall be required to show their certificates when 
requested to do so. Until the polls are closed, no persons 
shall be allowed in the room outside of the said enclosed 
space except these watchers, voters not exceeding ten at 
any one time who are awaiting their turn to prepare their 
ballots, and peace officers when necessary for the preserva- 
tion of the peace, ^o person when within the voting room 
shall electioneer or solicit votes for any party or candidate, 
nor shall any written or. printed matter be posted up within 
the said room except as required by law. When the hour 
for closing the polls shall arrive all persons within the en- 
closed space who have received ballots but have not yet 
deposited them, shall be required to mark and deposit their 
ballots forthwith, but no other person shall be allowed to 
vote. 

This provision for overseers or watchers is evidently intended to 
take the place of the overseers provided for in section 4, Act of Jan. 
30, 1874, P. L. 33, which is thereby repealed. Appointment of Over- 
seers, 5 Dist. 629 (Philadelphia Co.). 

Section 16 of article VIII of the Constitution relating to the ap- 
pointment of overseers by the court is a discretionary and not a man- 
datory provision, lb. 






Text of the Act of 1893 and its Amendments. 121 

174. As to lists of voters and memoranda of numbers marked 
on ballots. 

Section 2-1. [Act of 1893, P. L. 431.] No list or mem- 
orandum of the names of voters, except such lists as are 
expressly authorized by law, shall be made within the voting 
room by any person or officer, nor shall any list or mem- 
orandum of the numbers marked upon the ballots be made 
or kept except such lists as are expressly authorized by law : 
Provided, that any voter may make a memorandum of the 
number of his own ballot, and the watchers may keep their 
poll books and challenge lists. After the closing of the polls 
and before the ballot-boxes are opened, all the lists of voters 
upon which the numbers of the ballots are recorded as now 
required by law shall be placed in separate sealed covers 
properly marked, and the stubs of all the ballots used, to- 
gether with all unused ballots and the ballot check-list, shall 
also be enclosed in a sealed package properly designating the 
voting place, which package shall be sent to the proper office 
as required by law in the case of the ballots cast, and neither 
the said package, nor the said list of voters shall thereafter 
be opened except by the return judges, or in the case of a 
contest, or upon the order of a court of a competent juris- 
diction. 

175. In case of spoiling" a ballot. 

Section 25. [Act of 1893, P. L. 432.] No person other 
than the election officers shall take or remove any ballot 
from the voting place. If any voter inadvertently spoils a 
ballot he may obtain another upon returning the spoiled one. 
The ballots thus returned shall be immediately canceled and 
at the close of the polls shall be secured in an envelope, 
sealed and sent to the proper office as required by law in the 
case of the ballots cast. 

176. Assisting the voter. 

Section 26. [Act of 1893, P. L. 432.] If any voter 
declares to the judge of election that by reason of any disa- 
bility he desires assistance in the preparation of his ballot, 



122 The Baixot Law. 

lie shall be permitted by the judge of election to select a 
qualified voter of the election district to aid him in the prep- 
aration of his ballot, such preparation being made in the 
voting compartment. 

" It will be observed that it is not the proof of disability, nor even 
its actual existence, which, according to the plain language of the 
law, creates the condition entitling the voter to aid. It is enough 
that he shall declare his disability. He is the sole judge thereof. 
From his decision there can be no appeal, nor is it permissible to 
meet and overthrow his declaration, which need not be under oath, by 
proof of its falsity, except perhaps in a criminal prosecution for im- 
properly showing his ballot. As to the disability, it may be physical 
or mental, or both combined." The voter is not obliged to state the 
nature of his disability. He has the absolute right to select any quali- 
fied voter of the district to aid him. Beaver County Elections, 2 Dist. 
275; 12 C. C. 228 (Beaver Co., 1892). 

But, in Election Instructions, 2 Dist. 1 (Bucks Co., 1892), the 
court, taking the opposite view, said : " This section must be con- 
strued in the light of the conditions under which it was nassed. Be- 
fore its adoption it was the practice of a large class of honest voters 
to apply to friends, in whom they had confidence, to give them the 
ballot ready prepared, and no doubt this section was suggested to 
meet the requirements of such voters as were unfitted, through dis- 
ability, to vote as before. 

"As relating to the duty to be performed by the judge of election, 
the Act, wisely, as we think, abstains from putting in his hands the 
dangerous and arbitrary power to alone refuse to an elector the assist- 
ance which may be legally essential to his exercise of a constitutional 
right. The intention is manifest to impose upon him, as a single 
officer of the board, a ministerial dutv only. Had the purpose been 
to confer a judicial discretion, the Legislature would have vested it 
in the entire board, sitting with judicial powers, and not in a single 
member of it. 

" But, aside from the Act, the election board is vested with certain 
judicial powers by implication, to judge, in the exercise of a sound 
discretion, of the sufficiency of various qualifications and conditions 
requisite to entitle a citizen to a ballot. They may determine under 
the evidence the prerequisites of residence and payment of tax, and 
under the law a voter cannot make a disability by a mere declara- 
tion. He can have the assistance of another, only by reason of a 
disability invoked honestly and in good faith, and may be required 
to show that his disability is actual and not feigned. If it be apparent 
and unquestioned, the judge, in performance of the ministerial duty 
imposed by the Act, should promptly grant his request. If it be chal- 
lenged, questioned or doubted, the right of investigation exists as here- 
tofore, and the election officers or the watchers may interrogate and 
examine him as to the good faith of his request. They may require 
him to declare what constitutes the disability by reason of which he 
claims aid. If his alleged disability is a palpable mistake, fraud or 
subterfuge, and is so found by the board, they, as in anv other ease 
affecting the right to vote, in the exercise of their judicial discretion, 
may deny his request. But we advise against the arbitrary assertion 
of this power by the judge without the investigation and advice of 
the board, and that, even though the board have no such power, un- 



Text of the Act of 1893 and its Amendments. 123 

less, in the exercise of a sound discretion, the case is reasonably free 
from doubt. If it shall transpire that the voter has tricked the board 
by a false statement for the apparent purpose of allowing another 
to see his ballot, there is an effectual remedy in section 29 [30], which 
declares that a voter who shall, except as before provided, allow his 
ballot to be seen by any person with an apparent intent of letting it be 
known how he is about to vote, shall be guilty of a misdemeanor under 
a severe penalty. 

" The restriction and penalty are not aimed at the sincere voter, who, 
believing he is under a disability, honestly secures aid in fixing his 
ballot, but at the back-alley, corn-crib and outhouse mendicant of the 
franchise, who, for a few dollars or the gratification of appetite, bar- 
ters away the highest privilege of an American citizen. It strikes at 
him and at his reputably and professedly honest and pure purchaser, 
who periodically traffics in this kind of human slavery, by exposing 
both to public scorn and contempt, besides subjecting them to severe 
penalties. Where the parties to this loathsome traffic are so debased 
that these restraints will not deter them from fraud, the election board 
may, as in passing upon any other question affecting the right or 
manner of voting, in their sound discretion, refuse the privilege; but 
we say that, unless the failure to show the disability is reasonably 
clear, the officers should be most cautious in denying it to the voter." 

" Under this law, it [disability] includes physical, mental and edu- 
cational incapacity, but not complete mental incapacity such as in- 
sanity; as one who is blind or cannot see so as to read the ballot; 
who is paralyzed or has lost his hands. The disability to see the 
ballot may, in some instances, be supplied by artificial means; but, if 
the voter have no glasses, or cannot be supplied with suitable ones con- 
veniently, he cannot be turned away from the polls without an assist- 
ant, because of the want of such artificial aid, any more justly than 
can the man without feet to walk to the booth be refused the aid 
of carriers because he has not provided himself with artificial limbs, 
for in each case the disability is an actual one. One who, having pos- 
sessed the free use of his faculties and now knowing how he desires 
to vote and for whom, yet, through the infirmity or decrepitude of 
old age or exhaustion from overwork, is disabled, comes within the 
Act." 

One who cannot read, or cannot read understandingly the English 
language, is entitled to assistance. But drunkenness does not constitute 
a disability. Lack of information as to how to mark a ballot is not a 
disability. Specimen ballots are provided by which the voter may 
learn. lb. 

And in Fadden's Election, 3 Lack. 82 ( Lackawanna Co. ) , the court 
said: "The voting compartment is no place to receive instructions 
how to vote. Specimen ballots are printed and hung up at the polling 
place for the very purpose of enabling voters to read and examine 
copies of the official ballot which they will be called upon to use. If 
the voter is not familiar with the law, it is his duty to get it explained 
to him by some one who is, and this can be just as well done outside 
the booth as in it, and it must be. The law means that the ballot shall 
be secret, and it must be so prepared that it shall be. For the pur- 
pose of securing this, the voter is required to go by himself into the 
voting compartment and there mark his ballot according to his own 
private and individual judgment. If he may, upon the slightest pre- 
text, take in another person with him, under whose eye the whole shall 
be done, the law is evaded and the provisions for secrecy amount to 



124 The Ballot Law. 

nothing. Instead of being an improvement in this respect upon the 
old law, it is just the opposite, for there was no such opportunity 
under the former law for following up the voter and seeing how he 
voted as there is under this if its provisions are not strictly adhered to. 

" The judges of election are therefore bound to see to it, that voters 
shall not take any one with them into the booth upon any and every 
excuse, but only where there is real legal disability. We cannot agree 
to the construction of the law, already alluded to [Beaver County 
Elections, supra},- that the voter is the sole judge of this, and that 
he has merely to declare that he needs assistance, and it must without 
more be accorded him. If this be the case, what then is the use of 
his having to ask? In our judgment the declaration of disability and 
the request for the allowance of assistance is no such idle ceremony 
as this would make it. If the permission of the judge of election 
has first to be obtained, it is certainly within his discretion to grant 
or withhold it, and to do this understandingly the grounds of the 
disability must be made known to him. When this has been done, it 
becomes his duty to decide whether a real disability exists, and, if it 
does not, to refuse the assistance asked for. If the voter, by a false 
declaration of disability — that is, by stating facts that are not true — 
obtain a permission to which he is not by right entitled, he makes 
himself liable to the penalties of the law and destroys his vote; or, if 
he evades the provisions of the law in any way under the guise of 
getting assistance, and introduces a person into the voting compart- 
ment for the purpose of having him see how he votes, the same result 
follows. 

" But where the voter innocently asks and is allowed assistance, even 
though it be for a ground which the law does not recognize, we can 
not see that any such penalty attaches. If, for instance, he says that 
he does not understand the way of voting and is honest in the state- 
ment, while this would not entitle him to take a voter in to show him 
how to vote, yet, if he is mistakenly allowed to do so, it would not 
vitiate his vote. His act must amount to a positive crime before we 
can lay hold of and void it, for it is upon that basis alone that we 
are called upon to do so. We are aware that this still leaves the 
administration of the statute at somewhat loose ends, the whole matter- 
being left to rest largely in the discretion of the judge of election, 
but we cannot help it. This is a matter for the Legislature and not 
for us to correct. We can only charge uoon the election officers the 
duty which is imposed upon them of rightly enforcing the law and 
requiring a strict showing of disabilitv before their permission is 
given. If the voter is blind, or palsied, or cannot read, or cannot read 
the English language, either of these would be good grounds for assist- 
ance. What others might be we cannot now undertake to decide. But 
ignorance of how to mark the ballot, we do not hesitate to say, is not; 
let a voter in such a case get his instructions from some one without; 
he has no business to receive it in the voting compartment. The eva- 
sions of the law which this permits are too serious to be passed by 
and a stop should be put to them." 

177. Improper and irregularly marked ballots. 

Section 27. [Act of 1893, P. L. 432.] If a voter marks 
more names than he is entitled to vote for, for an office, or 
if for any reason it is impossible to determine the voter's 



Text of the Act of 1893 and its Amendments. L25 

choice for any office to be filled, his ballot shall not be 
counted for such office, but the ballot shall be counted for 
all other offices for which the names of candidates have been 
properly marked. 

No ballot without the official endorsement shall, excepl 
as herein otherwise provided, be allowed to be deposited in 
the ballot-box, and none but ballots provided in accordance 
with the provisions of this Ad shall be counted; ballots not 
marked, or improperly or defectively marked, shall be en- 
dorsed as defective, but shall be preserved with the other 
ballots. If any ballot appears to have been obtained other- 
wise than as provided in this Act, the judge of elections shall 
transmit such ballot to the district attorney without delay, 
together with whatever information he may have tending to 
the detection of the person who deposited the same. 

As to voting for a limited number: McCormick v. Reeder, 171 
Pa. 500 (1895). 

As to the voter's choice: McCowin's App., L65 Pa. 2:50: 35 W. X. 
533; 25 Pitts. 203 (1895); Fairehance Borough Elec, 8 Dist. 595; 22 
C. C. 400 (Fayette Co.); Supervisors' Elec, 17 C. C. 057 (Cambria 
('<>.). and also other cases cited under section 22 of the Act. 

178. Counting the votes. 

Section 28. | Aft of 1893, P. L. 432.] After the polls 
are closed the election officers only shall remain in the 
voting room within the guard-rail, and shall there at once 
proceed to count the votes. Such counting shall not, be 
adjourned or postponed until it shall have been fully com- 
pleted. A record shall first be made of the number of the 
last ballot east; the officers in charge of the voting check- 
list shall, in the presence of the other officers and watchers, 
count in a distinct and audible voice tin- names checked on 
the said list and announce the whole number thereof, and 
the lists of voters, the stubs of ballot- used, and all unused 
ballots shall then be sealed up as required by section twenty- 
five of this Act. The ballot-box shall then be opened by the 
inspectors, the ballots taken therefrom and audibly counted 
one by one by them, and when the count is completed the 
whole number of ballots cast shall be announced, and the 
counting of the number of votes received by each person 



126 The Ballot Law. 

voted for shall then proceed. The judge, in the presence 
of the inspectors, shall read aloud the name or names 
marked or inserted upon each ballot, and the answers 
marked thereon to the questions submitted, if any, and the 
clerks shall each carefully enter each vote as read, and keep 
account of the same on tally papers prepared for the pur- 
pose. It shall be unlawful for either judge or inspector, 
while counting the ballots or the votes thereon, to have in 
his hand any pen, pencil, or stamp for marking ballots. 

All ballots after being removed from the box shall be 
kept within the unobstructed view of those present in the 
voting room, so that they may be able to see all the marks 
on each ballot, but out of their reach until they are placed 
in the ballot-box as required by law. A full return shall be 
made in the manner now provided by law of all votes cast, 
and the total vote, as soon as counted, shall be publicly 
announced. 

It shall be the duty of the police officers, constables, and 
deputy constables now required by law to be present at the 
polls to remain within the voting room, but outside the 
guard-rail, while the votes are being counted, and to pre- 
serve order therein. No person except the said peace 
officers, when necessary for the preservation of the peace, 
or persons acting by their authority for the same end, shall 
enter the space within the guard-rail, or communicate with 
any election officer in any way after the polls are closed, 
and until the counting of the votes has been completed. 

" Neither by virtue of the Acts of 1891 and 1893, nor by any other 
existing law, are police officers required to be present at the polls." 
Philadelphia Elec, 3 Dist. 243; 15 C. C. 167; 25 Pitts. 108 (Philadelphia 
Co.). 

As to constables at the polls: lb. 

179. Contested elections. 

Section 29. [Act of 1897, P. L. 23.] Whenever in any 
contested election the tribunal trying the case shall decide 
that the ballots used in one or more election districts were, 
by reason of the omission, addition, misplacing, misspelling 
or misstatement of one or more titles of office, or names of 



Text of the Act of 1893 and its Amendments. 127 

candidates, or parties or policies represented by them, so 
defective as to the office in contest as to be calculated to mis- 
lead the voters in regard to any of the candidates nominated 
for said office, and that the defective condition of the said 
ballots may have affected the result of the entire election 
for said office, the said tribunal shall declare the election 
to be invalid as regards the said office, and shall report their 
decision to the proper officer or officers who are now by law 
authorized to fill vacancies occurring in such office, who, 
upon receipt of such notice, shall without delay proceed to 
appoint a suitable person or persons to fill the vacancies thus 
created, and the person or persons so appointed, shall con- 
tinue in office until the next election succeeding his appoint- 
ment at which such office is now by law required to be 
filled. 

In section 30 of the Act of 1891, P. L. 363, the omission, addition, 
misplacing, misspelling, or misstatement of the " residences of candi- 
dates " was made a defect for the court to pass upon in a contested 
election, but the phrase " residences of candidates " was omitted from 
the like section 29 of the Act of 1893, P. L. 433, and the amended 
section 29, supra. 

The power contained in this section was exercised in Elizabethville 
Borough Elec, 2 Dauph. 380; 5 Dist. 227; 17 C. C. 571. See also 
Twentieth Ward Councilman Elec, 3 Dist. 120 (Philadelphia Co.); 
Leli's Contested Elec, 6 Dist. 152; 5 North. 347 (Northampton Co.). 

The petition on its face must indicate that the mistakes referred to 
affected the result of the election; a mistake which did no harm should 
not be inquired into. Merion Twp. Elec, 13 Montg. 69 (Montgomery 
Co.). 

In Carbondale Elec, 3 Lack. Jurist. 107; 4 North. 55 (Northampton 
Co.), the court said: "The Act of 1891 (the Baker Ballot Law) con- 
tains nothing enlarging the powers conferred by the Act of 1874 on 
the judges in the computation and correction of the returns, while 
some of its most important provisions are designed to promote the 
secrecy of the ballot." 

The Act of April 28, 1899, P. L. 103, imposing costs upon con- 
testants in election cases where the contest has failed, whether prob- 
able cause has been shown or not, was intended to be confined in its 
operation to future contests, and it was held not to apply to contests 
pending at the time of its passage. Thomas' Elec, 198 Pa. 546 (1901). 

180. Misdemeanors by voters. 

Section 30. [Act of 1893, P. L. 434.] A voter who 
shall allow his ballot to be seen by any person with an 
apparent intention of letting it be known how he is about 
to vote, or shall cast or attempt to cast any other ballot than 



128 The Ballot Law. 

the official ballot which has been given to him by the proper 
election officer, or shall falsely declare to a judge of election 
that by reason of any disability he desires assistance in the 
preparation of his ballot, or shall wilfully violate any other 
provision of this act, or any person who shall interfere with 
any voter when inside said enclosed space, or when marking 
his ballot, or who shall endeavor to induce any voter before 
depositing his ballot to show how he marks or has marked 
his ballot, or who shall disclose the contents of any ballot 
that has been marked by his help, or who, except when law- 
fully commanded by a return judge or a competent court, 
shall loosen, cut, or unfasten the corner pasted down over 
the number on any ballot, shall be guilty of a misdemeanor, 
and upon conviction shall be sentenced to pay a fine not ex- 
ceeding one hundred dollars, or to undergo an imprisonment 
for not more than three months, or both, at the discretion 
of the court. 

See Election Instructions and Fadden's Elec, § 176, supra. 

181. Misdemeanors relating to election matters. 

Section 31. [Act of 1893, P. L. 434.] Any person who 
shall, prior to an election, wilfully deface or destroy any 
list of candidates posted in accordance with the provisions 
of this act, or who, during an election, shall wilfully deface, 
tear down, remove or destroy any card of instruction, or 
specimen ballot, printed or posted for the instruction of 
voters, or who shall, during an election, wilfully remove or 
destroy any of the supplies or conveniences furnished to 
enable a voter to prepare his ballot, or shall wilfully hinder 
the voting of others, shall be guilty of a misdemeanor, and 
upon conviction shall be sentenced to pay a fine not exceed- 
ing one hundred dollars, or to undergo an imprisonment for 
not more than three months, or both, at the discretion of 
the court. 

182. Misdemeanors relating to nomination matters. 

Section 32. [Act of 1893, P. L. 434.] Any person who 
shall falsely make or wilfully deface or destroy any cer- 
tificate of nomination, or nomination paper, or any part 



Text of the Act of 1893 axd its Amendments. 129 

thereof, or any letter of withdrawal, or file any certificate 
of nomination, or nomination paper, or letter of withdrawal, 
knowing the same or any part thereof to be falsely made, 
or suppress any certificate of nomination, or nomination 
paper, or any part thereof which has been duly filed, or 
forge, or falsely made the official endorsement on any ballot, 
or wilfully destroy or deface any ballot, or wilfully delay 
the delivery of any ballots, shall be guilty of a misdemeanor, 
and upon conviction shall be sentenced to pay a fine not 
exceeding one thousand dollars, or to undergo an imprison- 
ment for not more than one year, or both, at the discretion 
of the court. 

The provisions of this Act do not cover the case of altering or using 
a forged certificate as watcher, but such a case is a common-law mis- 
demeanor. Com. v. Weitzel, 24 Pitts. 303 (Allegheny Co., 1894). 

183. Misdemeanors by officers. 

Section 33. [Act of 1893, P. L. 434.] Any public officer 
upon whom a duty is imposed by this act, who shall negli- 
gently or wilfully fail to perform such duty, or who shall 
negligently or wilfully perform it in such a way as to hinder 
the objects of this act, or who shall negligently or wilfully 
violate any of the provisions thereof, shall be guilty of a 
misdemeanor, and upon conviction shall be sentenced to pay 
a fine not exceeding one thousand dollars, or to undergo an 
imprisonment for not more than one year, or both, at the 
discretion of the cou 

The Act of June 19, 1891 (§ 29), P. L. 349, was held not to have 
repealed the Act of July 2, 1839 (§ 102), P. L. 541, relating to 
wilful fraud bv election officers. Commonwealth v. Casey, 3 Dist. 413; 
14 C. C. 389;* 7 Kulp. 265 (Schuylkill Co., Rice, P. J., specially pre- 
siding) . 

" The election officer who wrote the name on the official ballot to 
fill the blank in the Democratic column was guilty of a violation of 
the law, and election officers know that they have no right to tamper 
or mark or change the official ballot in any way." Kerrin v. Bullock, 
25 C. C. 64 (Center Co.). 

184. Misdemeanors by printers. 

Section 34. [Act of 1893, P. L. 435.] Any printer em- 
ployed by the commissioners of any county to print any 
official ballots, or any person engaged in printing the same, 
9 



130 The Ballot Law. 

who shall appropriate to himself, or give or deliver or 
knowingly permit to be taken any of said ballots by any 
other person than such commissioners, or their duly author- 
ized agent, or shall wilfully print, or cause to be printed any 
official ballot in any other form than that prescribed by such 
commissioners, or with any other names thereon, or with 
the names spelled otherwise than as directed by them, or 
the names or printing thereon arranged in any other way 
than that authorized and directed by this act, shall be 
guilty of a misdemeanor, and upon conviction shall be 
sentenced to pay a fine not exceeding one thousand dollars, 
or to undergo an imprisonment for not more than five years, 
or both, at the discretion of the court. 

185. Possession of official ballot outside voting room, or of 
counterfeit, a misdemeanor. 

Section 35. [Act of 1893, P. L. 435.] Any person other 
than an officer charged by law with the care of ballots, or 
a person entrusted by any such officer with the care of the 
same for a purpose required by law, who shall have in his 
possession outside the voting room any official ballot, or any 
person who shall make or have in possession any counter- 
feit or an official ballot, shall be guilty of a misdemeanor, 
and upon conviction shall be sentenced to pay a fine not 
exceeding one thousand dollars, or to undergo an imprison- 
ment for not more than one year, or both, at the discretion 
of the court. 

186. Repealing clauses. 

Section 7. [Act of 1897, P. L. 232.] All acts or parts 
of acts inconsistent herewith be and the same are hereby 
repealed. 

Section 36. [Act of 1893, P. L. 435.] All laws and parts 
of laws inconsistent herewith, shall be and the same are 
hereby repealed. 

This repealing clause repeals the inconsistent part of the Act of 
1874 relating to making returns to the Quarter Sessions Court, in that 
returns for township and borough officers are made to the Court of 
Common Pleas and are subject to the same summary correction of 
palpable errors. Sharon Hill Election, 3 Lack. Jurist, 287; 5 Del. 433 
(Delaware Co.). 






A Summary of the Act and its Amendments. 131 

CHAPTER XII. 

A Summary of the Act and its Amendments. 

187. The provisions of the Act summarized. 

187. The provisions of the Act summarized. 

This is the summary given by the Supreme Court in De Walt v. 
Bartley, 146 Pa. 540 (1892), of the Act of June 19, 1891, P. L. 349, and 
may be taken as a summary of the Act of 1893 and its amendments. 

The provisions of the Act have been summarized as 
follows : 

1. The exclusive use of uniform official ballots, printed 
at the costs of the counties, containing the names of all 
candidates nominated, and space for the insertion of other 
names. 

2. The legal nomination of the candidates whose names 
are to appear on the official ballots, such nomination to be 
made either : (a) By certificates, signed by the presiding 
officer and secretaries of the authorized nominating body 
of the political party, which, at the preceding election, 
polled three [now two] per cent, of the largest vote cast for 
any office in the State, or in that portion of it for which the 
nomination is made; or, (b) By papers signed by qualified 
electors to the number of one-half of one per cent, of the 
largest vote cast at the preceding election for any officer 
elected for the State at large, if the nomination is for the 
State at large, otherwise to the number of three [now two] 
per cent, of the largest vote cast the preceding election for 
any officer elected in that portion of the State for which 
the nomination is made ; the signatures and the qualifications 
of the signers of every such paper to be vouched for by five 
of the signers. 

3. The free posting and publication of the candidates' 
names before election. 

4. The voting in a room where electioneering and solicita- 
tion of votes is forbidden, each voter indicating his choice 
by either secretly marking the names of certain candidates, 
singly or altogether, or by inserting other names. 



132 The Ballot Law. 

5. The voting, in like manner, upon any question which 
may be submitted to the people, at an election for public 
officers. [Unconstitutional, see §§ 150 and 164, supra.] 

6. The use of licensed and certified watchers, to represent 
their parties at the polls, thus preventing voters from inter- 
ference by irresponsible persons. 

7. The covering up of the numbers [abolished, see sec- 
tions 165 and 172] on the ballots, and the sealing up of the 
lists to which these numbers refer, thereby preventing elec- 
tion officers from learning who has cast any given ballot, and 
removing the temptations to violate their oaths of secrecy. 

8. The punishment of violations of the various provisions 
of the act. 



The Ballot Law is Constitutional. 133 

CHAPTER XIII. 
The Ballot Law is Constitutional. 

188. Power of the Legislature to regulate elections. 

189. To provide a secret ballot is the main purpose. 

190. The machinery of politics recognized and regulated. 

191. The Act does not discriminate between voters. 

192. The Act is not a local or special law. 

193. The Act is constitutional. 

What follows in this chapter was said by the Supreme Court in 
De Walt v. Bartley, 146 Pa. 540 (1892), in deciding that the Act of 
June 19, 1891, P. L. 349. was constitutional, but may have equal 
application to the Act of 1893 and its amendments. 

188. Power of the Legislature to regulate elections. 

There is no doubt of the power of the Legislature to 
regulate elections. It was said in the recent case of Cusick's 
Election, 136 Pa. St. 467 : " The Legislature has, from time 
to time, passed various laws to regulate elections. The ob- 
ject has always been to protect the purity of the ballot. It 
is too late to question the constitutionality of such legisla- 
tion, so long as it merely regulates the exercise of the 
elective franchise, and does not deny the franchise itself." 
See also Patterson v. Barlow, 60 Pa. 54. Abundance of 
authority might be cited were it necessary. The test is, 
whether such legislation denies the franchise, or renders its 
exercise so difficult and inconvenient as to amount to a 
denial. 

189. To provide a secret ballot is the main purpose. 

The Act provides for a secret ballot. That is manifestly 
its main purpose, and it is in entire harmony with article I, 
section 5, of the Constitution, which declares that : " Elec- 
tions shall be free and equal." This means that every citizen 
shall have an equal right to cast a free ballot. This is the 
letter of the Constitution, and it is a right which no Legis- 
lature can interfere with. The spirit of the Constitution 
requires that each voter shall be permitted to cast a free 
and unintimidated ballot. This the Act of 1891 was in- 
tended to secure. An election to be free must be without 



134 The Ballot Law. 

coercion of every description. An election may be held in 
strict accordance with every legal requirement as to form, 
yet, if in point of fact the voter casts the ballot as the result 
of intimidation; if he is deterred from the exercise of his 
free will by means of any influence whatever, although 
there be neither violence nor physical coercion, it is not a 
free and equal election within the spirit of the Constitution. 
The framers of the Act in question have evidently reached 
the conclusion that the only adequate guaranty of free and 
equal elections, within the letter and spirit of the Constitu- 
tion, is absolute secrecy. They therefore have provided a 
secret ballot. 

190. The machinery of politics recognized and regulated. 

It will be noticed that the Act recognizes the machinery 
of politics, such as political parties, nominating conventions, 
and other matters by means of which effect is given to the 
popular will. This is not the first instance in which these 
subjects have been recognized and regulated by the Legis- 
lature. In Leonard v. Commonwealth, 112 Pa. 607, it 
was held that " the Act of June 8, 1881, P. L. 70, entitled 
'An Act to prevent bribery and fraud at nominating elec- 
tions, nominating conventions, returning boards, county or 
executive committees, and at the election of delegates to 
nominating conventions, in the several counties of the Com- 
monwealth,' is a lawful exercise of legislative power, and is 
an Election Law within the meaning of section 9, article 
VIII of the Constitution." 

191. The Act does not discriminate between voters. 

The ground of complaint, as set forth in De Walt's Ap- 
peal, is, not that it denies the right of suffrage, but that it 
abridges the freedom of voting, and, in its practical opera- 
tion, it destroys the constitutional equality and uniformity 
in voting, by discrimination against some voters and in favor 
of others, notwithstanding that all of them are alike quali- 
fied under the Constitution; that, instead of dealing with 
the electors in the relation in which each stands to the State, 
and, collectively, as members of one body and that body the 



The Ballot Law is Constitutional. 135 

State, the Act treats of the voters as they are divided into 
political parties by their voluntary choice; and it then con- 
fers upon the voters of some political parties favors and 
immunities based exclusively on numbers in party associa- 
tions or groups, which it absolutely denies, under the pro- 
hibition and penalties of the Act, to the voters of other 
political parties which in voters are less numerous, thus 
making numbers in political association the basis for con- 
ferring on some voters the freedom, the equality, and the 
uniformity assured to every qualified elector of the State by 
the Constitution, and for denying them to others. 

To illustrate this position, our attention was called to the 
fact that at the last general election the highest vote polled 
in this State was 790,040, and that the vote cast for the 
Prohibition candidate was 18,429; that the vote so cast for 
the Prohibition candidate was less than 3 per cent, of the 
entire vote cast, and that, under the provisions of the Act, 
a candidate nominated by the Prohibition party would not 
be entitled to have its ticket printed at the public expense, 
as in the case of the other two parties. It was contended 
that the provision or discrimination against the Prohibition 
party is in violation of that clause of the Constitution which 
declares that elections shall be free and equal, and also 
section 7, article VIII, which declares that all laws regu- 
lating the holding of elections by the citizens shall be uni- 
form throughout the State; that these constitutional 
provisions were intended to secure to every citizen equality 
in the manner of voting, and to prohibit the Legislature 
from passing any law which shall give, directly or indi- 
rectly, an advantage to some voters which will not equally 
apply to all voters. 

This contention is plausible but unsound. The Act does 
not deny to any voter the exercise of the elective franchise 
because he happens to be a member of a party which at the 
last general election polled less than 3 per cent, of the entire 
vote cast. The provision referred to is but a regulation, and 
we think a reasonable one, in regard to the printing of 
tickets. The use of official ballots renders it absolutely 
necessary to make some regulations in regard to nomina- 



136 The Ballot Law. 

tions, in order to ascertain what names shall be printed on 
the ballot. The right to vote can only be exercised by the 
individual voter. The right to nominate, flowing necessarily 
from the right to vote, can only be exercised by a number of 
voters acting together. Three persons may claim to be a 
political party, just as the three tailors of Tooley street 
assumed to be " the people of England." It follows, if an 
official ballot is to be used, nominations must be regulated in 
some way, otherwise the scheme would be impracticable, 
and the official ballot become the size of a blanket. While 
so regulating it, the act carefully preserves the right of 
every citizen to vote for any candidate whose name is not 
on the official ballot, and this is done in a manner which 
does not impose any unnecessary inconvenience upon the 
voter. 

It was urged however that when an elector desires to vote 
for a candidate whose name is not on the official ballot, he 
can only do so by writing the name of the candidate upon 
the ballot; and that this provision, in view of the limited 
time allowed the elector for this purpose, renders a com- 
pliance with it practically impossible, and in many instances 
would be a denial of the franchise. This is merely the 
argumentum ab inconvenienti. We cannot say, as a matter 
of law, that it would be practically impossible to insert the 
name by writing. The actual enforcement of the Act will 
test this as well as many other matters connected with its 
operation. It is at least probable that when tested by ex- 
perience it will be found to contain many features that will 
need revision and amendment. This can be safely left to 
the Legislature, and is no reason why we should declare the 
Act unconstitutional. 

192. The Act is not a local or special law. 

The principal ground of contention in this, as in Mere- 
dith's Appeal, is that the Act in question is a local and 
special law, and therefore in contravention of the Constitu- 
tion. It was alleged to be special and local legislation, be- 
cause it does not apply to any one of the cities of the 
Commonwealth whose boundaries are not coextensive with 



The Ballot Law is Constitutional. 137 

the county. If the fact were as alleged, we would be com- 
pelled to declare the Act unconstitutional. An examination 
of it, however, does not satisfy us that it does not apply to 
every portion of the State. Its language is general and 
applies to all public offices, whether in counties, cities, 
boroughs, or townships. It contains a vast amount of de- 
tail, and there may be inconsistencies in some of its pro- 
visions. There are others which are not free from criticism, 
and as before suggested, its practical working may disclose 
omissions and defects which will be doubtless corrected by 
the Legislature in the future. The law itself may be re- 
garded in the light of an attempt on the part of the people 
to secure a pure, free, and unintimidated ballot. Every 
presumption is in favor of the constitutionality of the law, 
and it would require a very clear case to justify us in strik- 
ing it down on the ground of its unconstitutionality. 

193. The Act is constitutional. 

It is impracticable, at this time, for us to consider and 
discuss all the details of the Act, or all the reasons and 
arguments urged against its constitutionality by the learned 
counsel representing the respective appellants. As we view 
the Act there is nothing in it which is so clearly a violation 
of the Constitution as to justify this court in striking it 
down. It would be out of place at this time to discuss its 
wisdom. If it shall prove beneficial, the people will prob- 
ably retain it, with such amendments as the future may show 
to be wise. If it does not meet with the expectation of the 
people, they will sweep it away. 

It is proper to observe, at this point, that the bill in each 
case asks us to declare the entire Act unconstitutional. While 
certain sections of it have been especially criticised, the 
litigation is directed against the Act as a whole. Were we 
to declare the sections thus criticised unconstitutional, the 
Act thus emasculated would be of little use even if the 
remainder of it could be enforced. 



138 The Ballot Law. 

CHAPTEK XIV. 

Suggestions to Chairmen. 

194. Practical directions. 

The following suggestions may prove a useful guide to 
chairmen and other active political party members : 

(A.) It is important to have party rules. They are an 
essential characteristic of a political party as distinguished 
from a " political body/' the former filing nomination cer- 
tificates and the latter nomination papers. The legislature 
has not provided all the details which make up the compli- 
cated system by which candidates are nominated. The po- 
litical party must supply the details omitted from the acts 
of assembly. That is done by making written rules. These 
rules are necessary to guide the court in determining the 
validity of contested nominations. The court looks to the 
rules, as well as the legislative enactments and the princi- 
ples of the common law, in deciding nomination cases. The 
court also passes upon the legality of a rule. If a rule is 
contrary to the policy of the law or to public policy, it is 
void. 

(B.) The party rules are the law by which nominations 
must be made; they are like the by-laws of any other asso- 
ciation. 

(C.) The rules cannot be changed arbitrarily. They can 
be changed only : 

(1.) In the manner prescribed by the rules. 

(2.) After due notice has been given, which is also 

included in (1) ; or 
(3.) By the unanimous consent or agreement of all 
the members of the party. 

(D.) Due notice of the time and places of holding the 
primary must be given as fixed by the rules. 

(E.) The officers who have been duly appointed or elected 
to hold the primary cannot be ousted, except as provided 
by the rules and upon notice and an opportunity to be heard 



Suggestions to Chairmen. 139 

in self-defense. This applies also to the members of an ex- 
ecutive committee. 

(F.) Due notice of the time and place of holding the 
convention must be given according to the rules. 

(G.) The chairman of the executive committee or any 
delegate can call the meeting to order, whereupon a tem- 
porary chairman and secretaries should be elected. 

(H.) The convention, or a committee appointed by it, 
should pass upon the credentials of contesting delegates, 
but only after notice to, and a hearing of, contestants. The 
report of the committee should be passed upon by the con- 
vention. 

(I.) Before proceeding to make nominations a permanent 
chairman should be duly elected. 

(J.) A secretary or secretaries should also be elected, 
who should keep an accurate record of all the proceedings; 
and the minutes should be adopted before adjournment. 

(K.) Delegates, who think their legal rights are being 
defeated through fraud or the like, should not retire from 
the convention, but insist upon their rights then and there; 
otherwise they can have no standing to appeal to court for 
redress. 

(L.) The vote by which a nomination is made should be 
duly recorded. 

(M.) The nomination certificates (the blank forms being 
furnished by the secretary of the commonwealth) should be 
executed by the chairman and secretaries in the presence 
of the convention or immediately after adjournment. 

(N.) Before adjournment the convention should ma^e 
provision for the filling of vacancies, in case the rules do 
not. 

(O.) The nomination certificates should be promptly 
filed; those of United States and State officers, including 
judges, senators and members of the legislature, with the 
Secretary of the Commonwealth at Harrisburg, and those 
of inferior officers, including justices of the peace, with the 
county commissioners of the county in which the nomina- 
tion is made. 



140 The Ballot Law. 

i 

(P.) After nomination certificates or nomination papers 
have been properly filed, objections may be filed thereto by 
any person aggrieved thereby. 

(Q.) At this stage the services of legal counsel should be 
engaged. 

(R.) The objection must be stated in specific terms, not 
in general language. 

(S.) Notice of the proposed filing, together with a copy 
of the objection, must be properly served upon the candi- 
date whose nomination certificate or nomination paper is to 
be objected to, proof of which service must be filed at the 
same time with the objection. 

(T.) The objection must be filed in proper time with the 
officer with whom the nomination certificate or nomination 
paper has been filed. 

(U.) The objection must be filed in proper time in the 
court of common pleas of the county in which the nomina- 
tion certificate or nomination paper has been filed. 

(V.) Due notice of the hearing of the objection by the 
court, when testimony may be produced or argument of fact 
or law had, must be given to the candidate whose nomina- 
tion is disputed, and proof of such notice must be furnished 
to the court. 



Forms. 



141 



CHAPTER XV. 
Forms. 
195. Form of nomination certificate. 



Commonwealth of Pennsylvania. 
CERTIFICATE OF NOMINATION. 
We Hereby Certify, That at a 



(Convention of delegates, primary meeting, 
of the 

caucus or meeting of Return Judges, as the case may be.) 

[e.g., Senatorial] District, representing the Party or 

Policy of the State of Pennsylvania, and being the body duly authorized 

by the '. Party or Policy of the 

[Senatorial] District to certify Nominations for the office named below, held 
at in the 

(Name and location of Convention Hall.) (Name or number of ward.) 
of in the County of 

(Name of city, borough or township.) (Name of County.) 

in the State of Pennsylvania, on the day of , 

A. D. 190 , the following nomination was made: 



Name of Candidate. 



Profession, Business 
or Occupation. 



Place of Residence. 

(With Street and 

Number.) 



Office for Which 
Nominated. 



Senator in th* General 
Assembly of Penn- 
sylvania for the. 
Senatorial District. 



(Name) 

(Residence) ]■ Presiding Officer. 



(Name) ) 

(Residence) > Secretary. 

(Name) ) 

(Residence) y Secretary. 



State of Pennsylvania, 
County of 



Personally appeared before me, the subscribers, 
the Presiding Officer, and and 



142 



The Ballot Law. 



the Secretaries above named, who severally made oath that the statements 
in the above Certificate of Nomination are true to the best of their knowl- 
edge and belief. 

In Witness Whereof, I have hereunto set my"! 

hand and official seal, this j 

offici a.l I day of A. D. 190 . y 

SEAL. j" 

J 



196. Form of nomination papers. 

Commonwealth of Pennsylvania. 
NOMINATION PAPER. 

We, the undersigned, all of whom are qualified electors of 



(State of Pennsyl- 



vania or electoral district or division thereof for which the nomination is made.) 

representing the - Party or Policy, hereby 

(Not more than three words.) 
nominate the following persons, viz.: 



Name of Candidate. 



Profession, Business 
or Occupation. 



Place of Residence. 

( With Street and 

Number.) 



Office for Which 
Nominated. 



Signature of Elector. 



Place of Residence. 
(With Street and Number.) 



Occupation. 



State of Pennsylvania, 
County of 

Personally appeared before me, the subscriber, the following named 

persons, viz. : 

(Not less than five of the Signers of the Nomination Paper.) 
who severally made oath that the signatures attached to the foregoing 
Nomination Paper are in the proper handwriting of the qualified electors 



Forms. 143 

named therein; that all of the persons whose signatures are attached to 

said Nomination Paper are qualified electors of the , 

(State of Pennsylvania or 

and that the 

electoral district or division thereof for which the nomination is made.) 
statements in said Nomination Paper are true to the best of their knowl- 
edge and belief. 

In Whitness Whereof, 1 have hereunto set my"] 

hand and official seal, this | 

official / day of A. D. 190 

SEAL. 



144 



The Ballot Law. 



197. Specimen ballot of November 

SPECIMEN 

If a Cross (X) be marked within the Circle at the head of the column it will he 
A Cross (X) marked in the Square at the right of the name of each Candidate in 



m 1 STUUGBT TICKET 

O 

HBimi THE CIRCLE. 



TtElSCUl 



wnii&m P. Potter 



JCDGB 07 T-m COtTBT < 



BLBECTOB OF THE POOS 



JSTT StrRVETOE 



A STRAIGHT TICKET 



DARK WITHIN THE CIRCLE 



O O 



STATE TBEASUBEB 



DISTBICT ATTOBEET 



DIBECTOB OF THE POOR 



W a EotTtn 



FOR A STRAIGHT TICKET 



MARK WTTHIH THE CIRCLE. 



PBOHTSITIOS 


STATE TREASURES 


— 1 


JUDGE OF THE SUPBEKE 

conRT 


luu Nondrno. 


JUDGE OP TBI COUST OF COM- 
MON PT.RAS 


WlUi.m W I^thrope. 1 


DISTBICT ATTOBJiET 


l 


DIBECTOB OP THE POOB 


-— 1 


COUHTY SURVEYOB 


1 



FM A STRAIGHT TICKET 



O 



[ WITHIN THE CIRCLE 



SOCIALIST LABOR 



DDJTBJCT ATTOBWET 



HD 



FOR 1 STRAIGHT TICKET 



o 



MARK W1THW THE CIRCLE 



IPS TREASURE* 



JUDOE OF THE SUPREME 



DISTBICT ATTORJTET 



DIBECTOB 8* THE POOB 



COUNTY SURVEYOR 



PROPOSED AMENDMENTS 

A Cross (X) marked in the square at the right of the 
A Cross (X) marked in the square at the right of the 



PROPOSED 

SHALL SECTION ONE, ARTICLE VIM OF THE CONSTITU 

Every male citizen twenty-one years of age possessing the following qualifications, 

quiring and regulating the registration of electors as the General Assembly 

1. He shall have been a citizen of the United States at least one month. 

2. He shall have resided in the State one year (or, having previously 

removed therefrom and returned, then sir months,) immediately 
8. He shall have resided in the election district where he shall offer to vote 
4. If twenty-two years of age and upwards, he shall have paid within two 

months and paid at least one month before the election. 



PROPOSED 

SHALL SECTION SEVEN, ARTICLE VIM OF THEXONSTITU 

All laws regulating the holding of elections by the citizens or for th^ registration 

requiring the registration of electors may be enacted to apply to cities only : 



PROPOSED 

SHALL SECTION FOUR, ARTICLE VIM OF THE CONSTITU 
All elections by the citizens shall be by ballot or by such other method as may 



The Ballot Law. 



145 



election of 1901, in Dauphin County. 

BALLOT 

equivalent to a mark opposite every name in the column. 

side the line enclosing the column indicates a vote for each Candidate thus marked. 



FOB 1 STRAIGHT TICKET 



o 



WITHIN THE CIRCLE. 



STATE TREASURER 



THE COURT OF COM 






DISTRICT ATTORNEY 



DIRECTOR OF THE POOR 



COUNTY SURVEYOR 



A STRAIGHT TICKET 



O 



MARK WITHIN THE CIRCLE. 



MUNICIPAL LEAGUE 



8TATE TBEAS 



JUDGE OF THE COUBT OP 



DIBECTOB OP THE POOB 



COUNTY SUBVEYOB 



FOR A STRAIGHT TICKET 



O 



[ WITHIN THE CIRCLE. 



PUBLIC OPINIOS 


sTATE ™ E »r mEE 


1 


JUDGE OF THE SUPRE ME 




JUDGE OF THE COIIBT OF COM- 
MON PLEAS 




DISTEJ.CT ATTOBNEY 




DIBECTOB OF THE POOB 




coVnty BU EVE YOB 





FOR A STRAIGHT TICKET 



O 



[ WITHIN THE CIRCLE. 



PUBLIC OWNERSHIP 


8TATE TBEA3UBEB 


'»*«™ 


JUDGE OF THE 3UPBEMX 
COUBT 


«»«>'« 


JUDGE OP THE COr/BT OP COM- 
MON PLEAS 




DISTBICT ATTOBNEY 




DrBECTOB 07 THE POOB 




COUNTY SUBVEYOB 





The voter may Insert, la 



person whose name 



rot printed or> the ballot fpf 



STATE TREABTTBEB 



JUDGE OP THE SUTREMB 



UTXJB OF THE COURT OF OOBt- 



DISTRICT ATTOEBEY 



DIBECTOB OF THE POOB 



C0T7HTY SUBVEYOB 



TO THE CONSTITUTION. 

word "Yes," indicates a vote FOR the Amendment, 
word "No," indicates a vote AGAINST the Amendment. 



AMENDMENT No. i. 

TION BE AMENDED SO AS TO READ AS FOLLOWS? 

shall be entitled to vote at all elections, subject however to such laws re- 
may enact : 

been a qualified elector or native born citizen of the State, he sha'l have 

preceding the election. 

at least two months immediately preceding the election. 

years a State or county tax, which shall have been assessed at least two 



Yes 



No 



AMENDMENT No. 2. 

TION BE AMENDED SO AS TO READ AS FOLLOWS ? 

of electors shall be uniform throughout the State, but laws regulating and 

Provided, That such laws be uniform for cities of the same class. 



Ytw 



No 



AMENDMENT No. 3. 


Yes 




TION BE AMENDED SO AS TO READ AS FOLLOWS ? 







be prescribed by law : Provided, That secrecy in voting be preserved. 


No 





ART 



III. 



CHAPTEE XVI. 

Primary Election Offenses. 

198. Origin of political parties and candidates. 

199. Source of party rules. 

200. Purity, the fundamental rule. 

201. Prevalence of fraud. 

202. Purification by legislation. 

203. Election law denned. 

204. Common-law offenses. 

205. Primary purity important. 

206. Statutory purposes. 

207. Certain duties of election officers prescribed by statute. 

208. Primary election denned. 

209. Primary election officer denned. 

210. Liability of election officer. 

211. Misdemeanors by election officers. 

212. Indictments against election officers. 

213. Sufficiency of indictment. 

214. Oath administered to voter. 

215. Bribery of electors by candidates. 

216. Acceptance of bribes by electors. 

217. Solicitation or receiving of bribes by delegates. 

218. Solicitation or receiving of bribes by election officers. 

219. General bribery of party officers. 

220. Bribery defined 

221. Witness in bribery trial. 

222. Sale of votes or influence. 

223. Meaning of influence. 

224. Illegal voting. 

225. Illegal voting defined. 

226. Furnishing fraudulent tickets. 

227. An attempt is a misdemeanor. 

228. Nomination expenses. 
229 Reward for convictions. 

230. Constables' duty. 

231. Court's and grand jury's duty. 

232. Punishment by ouster. 

198. Origin of political parties and candidates. 

Under a government " of the people, by the people and 
for the people " the public business cannot be transacted by 
all the people at the same time. It always has been neces- 

(147) 



148 The Ballot Law. 

sary for them to select agents for that purpose. With the 
beginning of the government the people naturally held oppo- 
site views of public questions, and entertained different ideas 
as to how the public business should be done. Hence the 
people have always ranged themselves voluntarily and 
according to their bent of mind and heart mainly into two 
or more large parts, styled political parties. The people, 
by means of these political parties, publish their differing 
principles, dogmas and proposed plans for the welfare of 
the whole undivided people, and name certain of themselves 
as proper persons to be elected to execute the proposed 
plans of government according to the principles of the party. 
The persons so named are called candidates, and are known 
by that term, whether striving for the nomination or striv- 
ing for election, after having obtained the nomination. 1 

199. Source of party rules. 

A political party, however, is too myriad to meet en masse, 
and therefore political territorial divisions elect delegates, 
all of whom assemble in convention and make the nomina- 
tions; or, where the electors vote directly for the candidate, 
the officers of the various political divisions who conducted 
the nominating election meet in convention to ascertain in 
due form the total vote. 

This process of appointing or electing servants could not 
be carried on without plan and method. Hence rules be- 
came an obvious necessity. Each political party makes its 
own rules. Political party rules have not yet been fully 
framed by the whole people through their representatives 
in the legislature. The Act of 1881 has prescribed a certain 
oath for primary election officers to take, and the Act of 
1893 and its amendments has defined political parties 2 and 
has made necessary certain details to complete the record of 
nominations in order to prepare an official ballot for all the 
people to use irrespective of party, and has also laid down 
the rules and form by which nominations may be made by 
electors in opposition to any established party or parties. 

1 Leonard v. Commonwealth, 112 Pa. 624; 17 W. N. 481 (1886). 

2 Sections 59 and 60. See also Commonwealth v. Jones, 10 Phila. 
211 (Phila. Co. 1874). 



Primary Election Law. 149 

With such exceptions the mechanical details continue to 
remain with the political parties to be invented and con- 
structed by themselves and for themselves. This power to 
make political party regulations is inherent in the people, 
and rules and regulations so made are part of the law of the 
land. This fact has been formally recognized by the enact- 
ment of the Acts of 1881 and the Act of 1893 and its amend- 
ments. Only when such rules have been in violation of 
public policy have the courts set them aside. 

200. Purity, the fundamental rule. 

But in the Constitution and in the two Acts of 1881 is to 
be found the underlying principle of purity. That funda- 
mental rule, though not expressly written in the party rules, 
is contained in article VII of the Constitution, when it says, 
that senators and representatives and all judicial, state and 
county officers shall, before entering on the duties of their 
respective offices, take and subscribe an oath, that, among 
other things, they have not paid or contributed or promised 
to pay or contribute, either directly or indirectly, any money 
or other valuable thing to procure their nomination, except 
for necessary and proper expenses expressly authorized by 
law ; and that they have not knowingly violated any election 
law.* 

Of like character is section 9 of article VIII of the Con- 
stitution, namely: " Any person who shall, while a. candi- 
date for office, be guilty of bribery, fraud, or wilful violation 
of any election law, shall be forever disqualified from 
holding an office of trust or profit in this Commonwealth; 
and any person convicted of wilful violation of the election 
laws shall, in addition to any penalties provided by law, be 
deprived of the right, of suffrage absolutely for a term of 
four years." 

*In Butterfield v. MeCarter, 11 W. N. 178 (1881), it was held that 
Art. VII, which imposed the penalty of forfeiture for refusal to take 
the prescribed oath, does not name municipal officers, but the Act of 
1874 does enumerate municipal officers among those who must take the 
constitutional oath, but does not impose any penalty of forfeiture of 
office for a violation of its provisions. 



150 The Ballot Law. 

201. Prevalence of fraud. 

It is a recognized fact that many frauds vitiate primary 
elections, and sometimes thwart the will of the people. Mr. 
Justice Paxson, in Leonard v. Commonwealth, 3 said that 
such offenses are of the gravest character, their existence 
has been known to every intelligent person in the State for 
many years and they have more than anything else under- 
mined and weakened our whole system of government. In 
that same case Judge Pershing of the court below remarked 
to the jury that " stuffing the ballot box " was very familiar 
language in Pennsylvania. 

In Commonwealth v. Bell, 4 Mr. Justice Sterrett said: 
" Delegate elections and nominating conventions are a nec- 
essary part of our representative and elective system, and 
as such they are recognized, and to some extent guarded and 
regulated, by law. Bribery and corruption in those sources 
of political and civil power are calculated, in a very high 
degree, to debauch and demoralize the people and under- 
mine our institutions. Delegates to nominating conven- 
tions are the chosen representatives of the political party to 
which they profess to belong. In representing those by 
whom they are chosen, such delegates are called upon to dis- 
charge the most important duties that pertain to the elective 
franchise, the selection of proper persons as candidates for 
offices to be filled by the votes of the people. In many 
cases, a nomination is equivalent to an election. Bribery 
of delegates to nominating conventions is a contemptibly 
mean fraud upon our elective system, and, as was well said 
by the present Chief Justice [Paxson] in Commonwealth v. 
Walter, 83 Pa. 107, ' a fraud upon the ballot is a -crime 
against the nation/ " 

202. Purification by legislation. 

The legislature was bound to interfere with this great 
evil. The purpose of the constitutional provision was to 

3 112 Pa. 622; 17 W. N. 481, supra. 

4 145 Pa, 387 (1891). 

As to the legality of proxies, see section 111. As to involuntary sub- 
stitution of representatives, see section 120. 



Primary Election Law. 151 

make elections pure. As a step towards effecting this object 
the Acts of 1881 were passed. " To say that the legisla- 
ture may not lay its hand upon a public evil of such vast 
proportions, is to say that our government is too weak to 
preserve its own life." 5 

203. Election law defined. 

The clause in the Constitution, " any election law," means 
an election of a political party for the purpose of nominating 
candidates to be voted for subsequently at the general elec- 
tion, the court saying " it is as much an election law when 
it strikes at the fraud at the primary election as when it 
arrests the fraudulent ballot just as it is ready to be dropped 
into the box at the general election." 6 

In Commonwealth v. Wells, 7 it was decided that a wager 
upon the result of a primary election was not within the 
meaning of the Acts of March 24, 1817, P. L. 204, and July 
2, 1839, P. L. 544, prohibiting wagers or bets upon the 
result of elections; those Acts manifestly mean elections 
when some one is elected to a public office, not to elections 
when delegates are to be chosen to nominating conventions. 
A primary election of the kind referred to in the Act of 1881 
is as much without the purview of the Act of 1839 as is the 
election of bank or other corporate officers. 8 

204. Common-law offenses. 

In Commonwealth v. McHale, 9 Mr. Justice Paxson 
(May 2, 1881), lays down the broad doctrine that all 
such crimes as especially affect public society are in- 
dictable at common law; that the test is not whether 
they can be found in the books but whether they in- 
juriously affect the public peace, and economy ; that 
every fraud upon the ballot tends directly to a breach of 
the public peace if not to revolution and civil war; that the 

5 Leonard v. Commonwealth, 112 Pa. 622; 17 W. N. 481. 

6 Leonard v. Commonwealth, supra; Commonwealth v. Young, 16 
Sup. Ct. 324 (1901). 

7 110 Pa. 463; 17 W. N. 164 (1885). 

8 Reaffirmed in Leonard v. Commonwealth, supra. 

9 97 Pa. 410 (1881). 



152 The Ballot Law. 

ingenuity of politicians is such that offenses against the 
purity of elections are constantly liable to occur which are 
not specifically covered by statute, and that it would be a 
reproach to the law were it powerless to punish them. And 
Rice, P. J., specially presiding, in Commonwealth v. 
Casey, 10 says that " the weight of authority is in favor 
of the doctrine that any wilful and corrupt attempt to defeat 
a fair expression of the will of the legal voters through the 
ballot box, in the absence of a statute punishing it, is indict- 
able at common law." In Commonwealth v. Young 11 Mr. 
Justice Porter has reached a like conclusion in this language : 
" Every qualified voter at an election authorized by law is 
entitled to give one vote for every officer to be elected. The 
person who gives more infringes and violates the rights of 
other voters, and he who by a false and fraudulent compu- 
tation of the votes apparently changes the result of an 
election, violates the rights of all the electors; and, in the 
absence of a statutory provision for such an offense, the 

10 14 C. C. 390; 3 Dist. 413; 7 Kulp, 265 (Schuylkill Co., 1894). 

11 1G Sup. Ct. 324 (1901). This case also seems to furnish the rea- 
sons why an elector has the right to file objections to a nomination. 
In Fernbacher v. Roosevelt, 90 Hun, 451 (N. Y. 1895), Van Brunt, P. J., 
said : " By the provisions of section 50 it is provided that ' the Supreme 
Court, or any justice thereof within the judicial district, or any county 
judge within his county, shall have summary jurisdiction, upon com- 
plaint of any citizen, to review the determination and acts of such 
officer.' Now, it is further objected that the respondent here has not 
shown any interest in this suit, and that the courts are not trying 
most questions. He is a citizen; consequently, presumably, a voter. 
He has an interest, if it were necessary, in having the law carried out 
in respect to the manner in which the election should be conducted. 
But that is not necessary. The statute has provided that upon the 
complaint of any citizen the court shall redress any wrong which may 
have been committed, whether as against himself or anybody else. 
This might be said to be analogous to the right conferred upon a tax- 
payer under certain circumstances. A taxpayer's interest is infin- 
itesimal. If he is aggrieved by some particular action of the corpora- 
tion or its officers, it is to so small an extent that the court would 
not take notice of it as an individual grievance, and never did until 
the taxpayer was given by authority of law the right to intervene. 
So, here, the citizen is given the right to intervene, and the court is 
bound to entertain his complaint if any be made to it." The order 
of the court in that case was that the board of police erred in giving 
the Democratic party, as it had, an additional column on its proposed 
ballot and an additional emblem; and in varying the precedence given 
the various party columns, according to law, by the secretary of state. 
See section 28. 



Primary Election Law. 153 

common law gives an indictment: Commonwealth v. McHale, 
97 Pa. 407; Commonwealth v. Silsbee, 9 Mass. 417; Com- 
monwealth v. Iloxey, 16 Mass. 385." " Any wilful act, 
done with fraudulent intent, which falsifies the result of any 
election, which under the rules of the party, is preliminary 
to the certification of such nominations, must, necessarily, 
affect public society. The crime is not merely against the 
voters of a particular party, but it is against all electors in 
whose hands the official ballot is placed, and against the 
public, whose money is expended in the printing of a ballot, 
the nominations upon which are tainted with fraud. In the 
absence of a statute such a crime is indictable at common 
law." 

205. Primary purity important. 

It is clearly to the interests of public society that the pro- 
ceedings which, under the rules of the party, lead up to the 
certification of nominations and the making of the official 
ballot as provided by the Act of 1893 and its amendments 
should be free from fraud and corruption. 12 The general 
election is tainted and invalid to the extent of the perpetra- 
tion of fraudulent acts at the primary election. The pri- 
maries are the sources which supply the general elections. 
The rights of voters at the latter elections have always been 
under the protection of statute. To put the rights of the 
voters in party or primary elections under the protection 
of statutes defining certain offenses and prescribing certain 
penalties was the general intent of the Acts of 1881. 12 
Their importance is emphasized by the provisions of the 
Ballot Law of 1893 and its amendments. 

206. Statutory purposes. 

AN ACT 
To prevent bribery and fraud at nominating elections, nom- 
inating conventions, returning boards, county or executive 
committees, and at election of delegates to nominating con- 
ventions, in the several counties in this commonwealth. 
(Title of Act of 1881, P. L. 70.) 

12 Commonwealth v. Yoimsr, supra. 



154 The Ballot Law. 

AIS T ACT 
To regulate the holding of, and to prevent frauds in, the 
primary elections of the several political parties in the com- 
monwealth of Pennsylvania. (Title of Act of 1881, P. L. 
128.) 

The Supreme Court has said the former is a perfect law 
so far as its validity depends upon mere form. 13 

207, Certain duties of election officers prescribed by statute. 

From and after the passage of this act it shall be lawful 
and it is hereby made the duties of the judges, inspectors and 
clerks or other officers, of the primary elections, meetings 
or caucus held for the purpose of nominating candidates for 
state, city and county offices within the commonwealth of 
Pennsylvania, before entering upon the discharge of their 
duties, severally to take and subscribe to an oath or affirma- 
tion in the presence of each other in form as follows, namely: 
" I (A B) do that I will as judge, inspector or clerk 

(as the case may be) at the ensuing election, impartially and 
faithfully perform my duties, in accordance with the laws 
and constitution of the commonwealth of Pennsylvania, and 
in accordance with the rules and regulations adopted by the 
party of the county of for the govern- 

ment of the said primary elections, meetings or caucus, to 
the best of my judgment and abilities; " the oath or affirma- 
tion shall be first administered to the judge by one of the 
inspectors, then the judge so qualified shall administer the 
oath or affirmation to the inspectors and clerks, and may 
administer the oath to any elector offering to vote as to his 
qualifications to vote at such election. Sec. 1, Act of June 
29, 1881, P. L. 128. 

208. Primary election denned. 

A primary election within the meaning of the statute has 
been defined to be an election required by the rules of the 
party for the purpose of ascertaining the will of the electors 
upon the question of a nomination. Where the rules re- 

13 Leonard v. Commonwealth, supra. 



Primary Election Law. 155 

quired that the county committeeman should preside during 
the proceedings for the election of delegates, until a judge 
and two inspectors had been elected, and the county com- 
mitteeman did preside, and made a false count and an un- 
true return of the election, and as a consequence the judge 
and inspectors who passed upon the qualifications of those 
who voted for delegates, were not the persons to whom, the 
voters had delegated that authority, such election was held 
to be a primary election. Any step which is preparatory 
or preliminary to something higher is within the meaning 
of primary. In the case of certain offices it takes a number 
of successive elections to make a nomination, for example, 
candidates for state offices are not directly voted for by the 
people in their respective election districts, but the electors 
choose delegates to represent them in a state convention, and 
the nominations are made ultimately in that convention. 
Each successive part of the nominating machinery put into 
action by the electors under the party rules is a primary 
election, whether styled a meeting, caucus, convention, board, 
committee or any other assemblage which could be resorted 
to for the purpose of selecting a candidate, or any proceed- 
ing preliminary to the holding of any such assemblage, as 
the election of delegates to attend the same, or the election 
of primary election officers to conduct the election of dele- 
gates. 14 

An election for the nomination of an alderman is a pri- 
mary election for a state officer. 15 The indictment should 
aver that the primary election in question was held for the 
purpose of nominating candidates for state, city or county 
offices, as the case may be, within the commonwealth of 
Pennsylvania. 16 

14 Commonwealth v. Young, 16 Sup Ct. 318; S. C, 23 C. C. 167 
(Chester Co. 1899) ; Commonwealth v. Boyle, 14 C. C. 561 (Carbon Co., 
Albright, P. J., specially presiding, 1894). Cf. Gibbons Norn., 2 Lack. 6 
(Lackawanna Co. 1896), where it seems to have been decided that a 
ward convention or caucus held by the voters en masse, at which each 
one cast his vote for the candidates direct, was not a primary election 
within the meaning of the Act. 

15 Commonwealth v. Snyder, 17 C. C. 321; 5 Dist. 121; 5 Dauph. 53 
(1896). 

16 Commonwealth v. Young, 15 C. C. 351 (1894). 



156 The Ballot Law. 

209. Primary election officer denned. 

Any person, whether appointed or elected, who, under the 
rules of the political party, performs any duty at any stage 
of the procedure by which a nomination is made, is an elec- 
tion officer within the meaning of the Act. He may be 
judge, inspector, clerk or such other officer upon whom the 
party rules may lay the duty of working the nominating 
machinery. A county committeeman, for example, is in- 
cluded in the term " other officers," who by virtue of the 
rules gives notice of the proposed election for delegates and 
who presides at the same until a judge and two inspectors 
are elected to conduct said election for delegates. 17 

The duties of the election officers must be determined 
from the rules of the party. That part of the oath pre- 
scribed by the Act, requiring the election officer to perform 
his duties in accordance with the rules and regulations 
adopted by his party for the government of primary elec- 
tions, does not limit a political party in making rules which 
define the qualifications of voters or the duties of election 
officers at the primaries. 18 The other part of the oath that 
the election officer shall perform his duties in accordance 
with the laws and constitution of the commonwealth of 
Pennsylvania does not mean that their duties are those of 
judge and inspectors under the Acts of 1839 and 1874 and 
their supplements and the Act of 1893 pertaining to general 
elections, unless the political party has made them part of 
their rules so far as they may be applicable. 18 The require- 
ment, that the duties shall be in accordance with the laws 
and the constitution, is intended to prevent a political party 
from adopting a rule in violation thereof, and makes a rule 
of that kind, if adopted, null and void. 

210. Liability of election officer. 

An election officer cannot be held to answer in damages 
for an honest mistake or error of judgment. The presump- 
tion is that he acted in good faith. A judge of election can- 

17 Commonwealth v. Young, 16 Sup. Ct. 320. 

18 Commonwealth v. Boyle, supra. 



Primary Election Law. 157 

not be held legally accountable for wrongly construing a 
party rule, when the honesty of his purpose and conduct 
cannot be questioned. Where the party rules made it his 
duty to determine whether, under the rules, an elector had 
the right to vote when challenged, and he decided 
conscientiously and without malice or any animus what- 
ever, that the elector did not have such right, the court held 
that the action of the elector against him for damages could 
not be sustained, and therefore it was not necessary to con- 
sider or determine whether the judge of election had cor- 
rectly construed the party rules. 19 

Where the rules gave the temporary chairman broad and 
absolute discretion, his refusal to appoint committees on 
contests did not make him amenable to the criminal law in 
the absence of evidence that his discretion was perversely or 
corruptly exercised. 20 

211. Misdemeanors by election officers. 

If any judge, inspector, clerk or other officer of a primary 
election as aforesaid shall presume to act in such capacity 
before the taking and subscribing to the oath or affirmation 
required by this act, he shall on conviction be fined not ex- 
ceeding two hundred dollars; and if any judge, inspector, 
clerk or other officer, when in the discharge of his duties as 
such, shall willfully disregard or violate the provisions of 
any rule, duly made by the said party of 

county for the government of the primary elections of the 
party, he shall on conviction be fined not exceeding two 
hundred dollars; and if any judge or inspector of a primary 
election as aforesaid shall knowingly reject the vote of any 
person entitled to vote under the rules of the said 
party, or shall knowingly receive the vote of any person or 
persons not qualified as aforesaid, shall on conviction be 
fined not exceeding two hundred dollars; and if any judge, 
inspector, clerk or other officer of a primary election as 
aforesaid shall be guilty of any willful fraud in the discharge 

19 Thomas v. Smith, 23 C. C. 577 (Chester Co. 1900). See also Moran 
v. Rennard, 3 Brewst. 601; Weckerley v. Geyer, 11 S. & R. 35. 

20Cantrell v. Ridgway, 20 W. N. 3*65; 18 Phila. 519 (Phila. Co. 1887). 



158 



The Ballot Law. 



of his duties, by destroying or defacing ballots, adding bal- 
lots to the poll, other than those lawfully voted, by stuffing 
the ballot box, by false counting, by making false returns or 
by any act or thing whatsoever, the person so offending 
shall be deemed guilty of a misdemeanor, and upon convic- 
tion shall be fined not exceeding five hundred dollars or im- 
prisoned not exceeding one year, or both, or either, at the 
discretion of the court. 

All acts or parts of acts of assembly inconsistent with this 
act are hereby repealed, except in counties or cities where 
special acts are in force for the same purpose: Provided, 
That the provisions of this act shall entail no expense to the 
counties or cities. Sec. 2, Act of June 29, 1881, P. L. 129. 

212. Indictments against election officers. 

A county committeeman, whose duties, prescribed by the 
rules, are to put up the notices for the delegate elections 
and preside at the same until a president is chosen, or until 
a judge and two inspectors shall have been elected to conduct 
the delegate election, and who performs said duties, is in- 
dictable as an election officer for wilful fraud by making a 
false count of the votes for judge and inspectors. 21 

Holding an election without having taken the oath is a 
distinct offense. The election officers are severally to take 
and subscribe to the oath or affirmation. There can be no 
joinder of defendants in an indictment on that specific 
charge. 22 

When all have been joined in one indictment, it does not 
follow that the indictment must be quashed as to all of them. 
A nolle pros, may be entered to all but one, when it leaves 
the case as if he had been indicted separately. 28 

21 Commonwealth v. Young, 16 Sup. Ct. 319; S. C, 23 C. C. 167 (Ches- 
ter Co. 1899). 

22 Commonwealth v. Boyle, supra. Cf . Gibbons Nom., 2 Lack. 6 
(Lackawanna Co. 1896), where it was held to have been immaterial • 
whether the election officers were sworn or not, or did or did not sub- 
scribe to an oath, at a convention held by the voters en masse, inas- 
much as such convention was not a primary election under the Act. 
See section 208. 

23 Commonwealth v. Casey, 14 C. C. 389; 3 Dist. 417; 7 Kulp, 265 
(Schuylkill Co., Rice, P. J., specially presiding, 1894). 



Primary Election Law. 159 

It has been held that election officers provided for by the 
Act of 1874 cannot be jointly indicted under the statute for 
the reason that they hold different offices with, separate 
duties. When such indictment does not contain a charge 
of conspiracy or of any unlawful combination it will be 
quashed. 24 It has been held also, that offenses such, as de- 
stroying ballots, adding ballots not voted, stuffing the ballot 
box, false counts, false returns and false certificate of elec- 
tion, are not distinct but may be committed by two or more 
persons, and an indictment under the Act of 1881 joining 
defendants is good. 25 

When defendants were charged with conspiracy, making 
a false return of votes, adding ballots to the poll other than 
those lawfully voted, the commonwealth was not compelled 
to elect under which of the three counts in the indictment 
they would proceed. 26 

An indictment which joined several distinct and substan- 
tive offenses in one count was held defective. 27 

It is better pleading to set out the oath in the averments 
in an indictment against election officers for not taking the 
oath. 28 

213. Sufficiency of indictment. 

The charge in an indictment requires only the same cer- 
tainty as a declaration or statement. It is sufficient if the 
offense is set forth with so much certainty that the defend- 
ant may know what he is required to answer. An indict- 
ment averred " that the said Daniel Sherban did then and 
there lay a wager and bet of fifty dollars with the said Jacob 
Clark that a Joseph Ritner would be elected governor of the 
commonwealth of Pennsylvania at an election to be held in 
said commonwealth, under the constitution and laws of said 
commonwealth on the 9th day of October in the year 1838, 
the said Joseph Pitner then and there being a candidate 

24 Commonwealth v. Ziert, 4 C. C. 394 (Schuylkill Co. 1888). 

25 Commonwealth v. Boyle, supra. See also Commonwealth v. Shaub, 
5 Lane. 121 (Lancaster Co. 1888). 

26 Commonwealth v. Fry, 5 Lane. 75 (Lancaster Co. 1888). 

27 Commonwealth v. Gallagher, 3 Lane. 157 (Lackawanna Co. 1885). 

28 Commonwealth v. Boyle, supra. 



160 The Ballot Law. 

nominated for public office, to wit, for the office of governor 
of said commonwealth." The objection that the indictment 
did not aver that there was an election for governor about 
to be held in October, 1838, but that it averred that the 
defendant made a bet dependent on an election for governor, 
to be held in October, 1838, was not sustained. 29 

An indictment under the 119th section of the Act of July 
2, 1839, did not charge the offense of illegal voting to have 
been " knowingly " committed, but it did allege that the 
defendant did unlawfully and fraudulently vote then and 
there not being by law qualified. The court held that fraud- 
ulently comprehended knowingly and implied the wilful act 
of intending to cheat. 30 

An indictment, which makes it necessary to prove that 
persons who are unknown had all the requirements of quali- 
fied electors, i. e., citizenship, residence, payment of tax, age, 
naturalization, will be quashed. Where the inducement 
charged that, " on Feb. 21, 1893, etc., a certain election 
was then and there held for one qualified person to serve as 
a city solicitor, . . . and four qualified persons to 
serve as directors of public schools of said ward for three 
years, in pursuance of and with the several laws of the said 
commonwealth of Pennsylvania," defendant's counsel con- 
tended that that recital meant that the school directors were 
to serve three years, in pursuance of and with the several 
laws, etc. The district attorney contended that it meant, 
that the election was held in pursuance of and with the sev- 
eral laws, etc. The court decided that it may as well be read 
as an election held for officers with certain terms of service, 
in pursuance of and with the several laws, etc. 31 

In Commonwealth v. Connelly 32 motions were made to 
quash the complaints, the first of which was for falsely mak- 
ing, and the second for filing, knowing the same to be falsely 
made, a nomination paper, because no fraudulent intent was 
alleged either in the making or the filing of the paper, and 

29Sherban v. Commonwealth, 8 Watts, 213 (1839). 

30 Commonwealth v. Warner, 17 C. C. 556 (Bucks Co. 1885). . 

31 Commonwealth v. Hunter, 13 C. C. 573 (Phila. Co. 1893). 

32 163 Mass. 541 (1895). See section 182. 



Primary Election Law. 161 

because the manner or means in which the paper was falsely 
made was not alleged ; but the court decided that the offenses 
charged were purely statutory, and it was enough to charge 
them in the language of the statute. 

214. Oath administered to voter. 

The oath which may be administered to any elector offer- 
ing to vote as to his qualifications to vote at a primary elec- 
tion should be prescribed by the party rules. The Act, 
when it says " the oath/' does not mean that which is set 
forth in the same section to be taken by the election officers, 
for that is not appropriate, and the form of no other is given. 
The provision has been construed not to have by itself the 
force of a party rule, whereby the judge of election may 
swear the person offering to vote and interrogate him as to 
his qualifications. But where the oath is prescribed by the 
rules, and the person offering to vote swears falsely, it may 
be perjury. But there is no authority by which the election 
officers may administer such oath to a witness for the voter, 
and the false oath of such witness is not perjury. 33 As the 
court has said, " Whatever moral guilt the latter may incur 
by falsely taking it when administered by such officers, so 
far as any legal guilt, criminally punishable, is concerned, 
the Act is casus omissus, which can only be reached by fur- 
ther legislation, not by constructive extension through the 
judicature of the existing law. 34 

When the indictment sets forth that the oath was admin- 
istered by a certain officer not authorized under the law to 
administer an oath, and the evidence shows that the oath was 
administered by another officer who was so authorized, an 
amendment substituting the name of the latter officer is 
allowable. It is not necessary that the title of the officer 
be averred, when the indictment avers " then and there hav- 
ing competent authority to administer the same." 35 The 
fact that the oath was not in writing and subscribed but was 

33 Commonwealth v. Lawrence, 4 Del. 27 (Chester Co. 1889). 

34 Commonwealth v. Polluck, 6 Dist. 560 (Berks Co. 1897). 

11 



162 The Ballot L 



^w. 



entirely oral, does not relieve a voter from the guilt of per- 
jury. 35 

In an indictment for perjury against a person who has 
offered to vote, the oath prescribed by the party rules should 
be averred. 36 

215. Bribery of electors by candidates. 

Hereafter if a candidate for any office within this com- 
monwealth shall, directly or indirectly, give, offer or promise 
to give, or procure any other person to give, offer or promise 
to give, to any elector any gift or reward in money, goods 
or other valuable thing, or any security for the payment or 
the delivery of money, goods or other valuable thing or 
any office, emolument or employment, on condition, express 
or implied, that such elector shall cast, give, retain or with- 
hold his vote, or use his influence at a nominating election 
or delegate election, or cast, give or substitute another to 
cast or give, his vote or use his influence at a nominating 
convention, for or against the nomination of any particular 
candidate for nomination, so as to procure such person to be 
voted for, at any election to take place, the person so hiring, 
procuring, influencing, abetting, endeavoring or offering, 
either directly or indirectly through others, their aiders or 
abettors, to procure the person to be voted for by such elect- 
ors, shall be guilty of a misdemeanor, and, on conviction, 
shall be sentenced to pay a fine not exceeding three hundred 
dollars and be imprisoned for a period not exceeding three 
months. ■ Section 1, Act of June 8, 1881, P. L. 70. 

216. Acceptance of bribes by elector. 

If any elector, authorized to vote at any public election 
afterwards to take place within this commonwealth for any 
office, shall, directly or indirectly, accept or receive from 
any person desiring to be nominated as a candidate for office, 
or from the friends of any such person, any gift or reward 
in money, goods or other valuable thing, or any office or 

35 Commonwealth v. O'Neill, 5 C. C. 210 (Schuylkill Co. 1888). 

36 Commonwealth v. Polluck, supra. 



Primary Election Law. 163 

employment, under an agreement or promise, express or 
implied, that such elector shall give or withhold his vote 
for the nomination of such a person as a candidate for office 
at such election, or shall accept or receive the promise of 
any person, that he shall thereafter receive any gift or re- 
ward in money, goods, position or other valuable thing, if 
he will vote for the nomination of such a person as a candi- 
date for office, and shall thereafter vote for the nomination 
of such person, he shall be guilty of a misdemeanor, and on 
conviction shall pay a fine not exceeding three hundred dol- 
lars and be imprisoned for a term of time not exceeding 
three months. Section 2, Act of June 8, 1881, P. L. 71. 

217. Solicitation or receiving of bribes by delegates. 

In all cases where a person is elected or chosen or shall 
act as a delegate to a convention to make nominations for 
offices, and shall receive, accept or solicit any bribe in money, 
goods or thing of value, or any office or position, as an in- 
ducement to make or join in any nomination for any person 
to be voted for as an officer or candidate for office, or shall, 
in like manner and for like reason, agree to abstain from 
voting for any particular person, shall be guilty of a misde- 
meanor, and on conviction shall be sentenced to pay a fine 
of not more than one hundred dollars and be imprisoned 
not exceeding three months. Section 5, Act of June 8, 
1881, P. L. 71. 

218. Solicitation or receiving of bribes by election officers. 

Any person, elected, chosen or acting as a member of the 
county or executive committee of any party, or as a judge 
of a return board to count up and cast the votes polled at a 
primary election, held to make nominations for office, or any 
person appointed a clerk of such return board, who shall 
directly or indirectly accept, receive or solicit money, office, 
appointment, employment, testimonial, reward or other 
thing of value, or the promise of all or either of them, to 
influence his vote or action in the discharge, performance or 
non-performance of any act, duty or obligation pertaining 
to such office, shall be guilty of a misdemeanor, and on con- 



161 The Ballot Law. 

viction thereof shall be sentenced to pay a fine of not more 
than one hundred dollars and to be imprisoned for a time 
not exceeding three months. Section 6, Act of Jnne 8, 
1881, P. L. 72. 

219. General bribery of party officers. 

Any person or persons, who shall directly or indirectly 
by offer or promise of money, office, appointment, employ- 
ment, testimonial, reward or other thing of value, or who 
shall, by threats or intimidation, endeavor to influence a 
member of a county or executive committee of any party, 
a judge or clerk of any return board, in the discharge, per- 
formance or non-performance of any act, duty or obligation 
pertaining to such office, shall be guilty of a misdemeanor, 
and on conviction thereof shall be sentenced to pay a fine of 
two hundred dollars and to undergo imprisonment not ex- 
ceeding six months. Section 6, Act of June 8, 1881, P. L. 
72. 

220. Bribery denned. 

The act of bribery is complete by offers, promises, etc. 37 
In sec. 9, Art. VIII, the term " bribery " is used without re- 
striction, embracing both common law and statutory offenses 
coining within the same designation, but in a connection 
which shows its relation to the election laws. 38 

The offense is made out if there was a promise of money 
on which the defendant was induced to make the appoint- 
ment, although he did not actually agree to do so, and when 
in pursuance of that promise or offer he afterwards accepted 
the money which had been offered. 39 

To pay a competitor the amount of his nomination ex- 
penses to induce him to withdraw is a corrupt transaction. 40 
To pay money to an elector in order that he might use his in- 
fluence for or against the nomination of a particular candi- 
date, is bribery. 40 

37 Leonard v. Commonwealth, 112 Pa. 607; 17 W. N. 481. 

38 Commonwealth v. Bell, 145 Pa. 391. 

39 Commonwealth v. Dietrich, 7 Sup. Ct. 523 (1898). 

40 Ham v. Smith, 87 Pa. 65 (1878) ; Commonwealth v. Rudv, 5 Dist. 
275 (1896). 



Primary Election Law. 165 

In his charge to the grand jury 41 Judge Yerkes said: " So 
eminent an authority as the late Judge Elwell has declared 
that money loaned to a friend by a candidate, to be used for 
men to go to the primary election to vote for the candidate, 
is but an evasion of the statute, and that it is illegal, either 
directly or indirectly, to pay or promise to pay an elector 
for his day or traveling expenses in attending an election or 
primary meeting, and casting his vote for him. It will be 
well for candidates to bear these things in mind lest their 
election prizes turn to ashes in their hands, as the result of 
future investigations." 

Under the first section of the Act of April 29, 1874, it 
was contended that the Act applied to persons who shall 
directly or indirectly bribe — that is, it must be directly or 
indirectly upon the part of the person, and not of the offer. 
The court did not so construe the law, but said the offer 
must be made directly or indirectly, and, whenever an offer 
is made indirectly, it has the same effect in law as if it had 
been directly made. 42 

221. Witness in bribery trial. 

A witness cannot refuse to answer the question whether 
the defendant on trial had at a certain time offered to him a 
bribe, on the ground that his answer would tend to crimi- 
nate him, after the trial judge has informed him that he 
must answer the question, but that his answer cannot be 
used against him in any criminal proceeding. 43 

222. Sale of votes or influence. 

If any elector shall, directly or indirectly, offer to give his 
vote or his influence, at any nominating election, delegate 
election or nominating convention, to any person desiring 
to be nominated as a candidate for office, or to the friends of 
any such person, in consideration, that for such vote or in- 
fluence, he is to receive any gift or reward in money, goods 
or other valuable thing or any office or employment, he shall 

41 Bucks County Grand Jury, 24 C. C. 170 (Bucks Co. 1900). 

42 Commonwealth v. Petroff, 2 Pearson, 536 (1880). 

43 Commonwealth v. Bell, 145 Pa. 387. See also Commonwealth v. 
Gibbons, 9 Sup. Ct. 532 (1899). 



166 The Ballot Law. 

be guilty of a misdemeanor, and on conviction shall pay a 
fine not exceeding three hundred dollars and undergo a 
period of imprisonment not exceeding three months. Sec- 
tion 3, Act of June 8, 1881, P. L. 71. 

223. Meaning of influence. 

The word " iniTiience " in the general election law of Feb. 
15, 1799, was held not to mean succeeding, otherwise the law 
would be a dead letter; no conviction would take place, be- 
cause a citizen is not compelled to declare how he has voted. 
It only means, to use one's endeavor's, although unsuccess- 
fully. The word "persuade " has been construed to mean to 
carry the persuasion into effect. 44 

224. Illegal voting. 

If any person, not qualified to vote at a general election, 
shall vote at a nominating election held by any political 
party, or if any person shall procure, advise or induce such 
disqualified person to so vote, or if any person shall vote at 
more than one election district, or otherwise vote more than 
once on the same day for the nomination of a candidate, or 
shall fraudulently vote more than one ticket for the same 
candidate at the same time, or if any person shall advise 
or procure another so to do, he or they shall be guilty of a 
misdemeanor, and on conviction shall be fined not exceed- 
ing the sum of two hundred dollars and imprisonment for a 
term of time not exceeding three months. Section 4, Act 
of June 8, 1881, P. L. 71. 

225. Illegal voting defined. 

Where a person, being challenged, insisted, in spite of 
warnings, upon voting in a ward in which he was not quali- 
fied to vote, being permitted to do so upon the strength of 
an affidavit as to his residence made by another person, he 
cannot escape conviction. Section 4 of the Act of 1881, P. 
L. 70, does not make a corrupt state of mind the test of 

4-t Respublica v. Ray, 3 Yeates, QQ (1800). See also Commonwealth 
v. Rudy, 5 Dist. 275 "(1896). 



Primary Election Law. 167 

guilt; the offense is complete upon proof of the conscious 
act and the disqualification. 45 

226. Furnishing fraudulent tickets. 

Any person who shall furnish or supply to any elector of 
this Commonwealth, at any of the polls or voting places, any 
ballot or ticket falsely representing it to contain names not 
thereon, with the intent and purpose of defrauding said 
voter out of his expressed choice, shall be deemed guilty of 
a misdemeanor, and on conviction, shall pay a fine not to 
exceed one hundred dollars, or imprisonment not to exceed 
one year, one or both, or either, at discretion of the court: 
Provided, This Act shall apply to both general and primary 
elections. Act of June 13, 1883, P. L. 92. The title de- 
clares the purpose to be " for the better protection of the 
electors of this Commonwealth. " 

227. An attempt is a misdemeanor. 

The general rule is well established that any attempt to 
commit a misdemeanor is a misdemeanor whether the offense 
is created by statute or was an offense at common law. For 
example, an attempt to vote illegally is a misdemeanor. 
Where the statute fixes no punishment for the attempt, the 
court must look to the common law. 46 

228. Nomination expenses. 

The Act of 1874, P. L. 64, declares that a candidate for 
either a nomination or an election shall not pay or contribute, 
either directly or indirectly, any money or valuable thing, 
or knowingly allow it to be done by others for him, either for 
the nomination, election or appointment, except for three 
purposes, 1st, for printing and travelling expenses; 2nd, for 
dissemination of information to the public; 3rd, for political 
meetings, demonstrations and conventions. Beyond these 
authorized expenditures a candidate may not go. 47 

A candidate has the right to use all honest means to secure 
his nomination. He may employ a friend to canvass an 

45 Commonwealth v. Polluck. 6 Dist. 559 (Berks Co. 1897). 

46 Commonwealth v. Jones, 10 Phila. 211 (Phila. Co. 1874). 

47 Commonwealth v. Walter, 86 Pa. 21 (1877). 



168 The Ballot Law. 

election district for him, and by representations as to his 
qualifications, or his claims for party support, or by any 
legitimate arguments, operate upon the minds of the voters, 
and thus procure the return of delegates who will support 
him in the nominating convention. Such services are a 
sufficient consideration to support a promise to pay for them, 
including necessary travelling expenses. 48 

A candidate may use every honorable art of persuasion, 
eloquence and reasoning, as such means are within the very 
life of free government. The promotion of the interest of 
a candidate may be made without a taint of fraud. It is 
possible to employ art in securing the election, with pure 
and patriotic purpose; the perversion of art, not its use, is 
forbidden. What is clearly embraced is lawful. 49 

The Act at the same time declares that " nothing contained 
in this Act shall be so construed as to authorize the payment 
of money or other valuable thing for the vote or influence 
of any elector, either directly or indirectly, at primary, 
township, general or special elections, nominating conven- 
tions, or for any corrupt purposes whatever incident to an 
election." 

Where a plaintiff claimed " $6.50 upon a claim of $3 for 
services in procuring delegates from Pine township to a 
nominating convention favorable to the nomination of the 
defendant for the office of register and recorder," such claim 
was held to be illegal; and the claim, " $6.50, money bor- 
rowed at the instance of the defendant, and used for him 
in paying travelling expenses to elections, and for men to 
leave their work and go to the primary election for defend- 
ant, and for liquor bills, etc., and for $2 paid for one gallon 
of whiskey furnished by the plaintiff at the instance of the 
defendant," was held to be in part at least contrary to stat- 
ute, and in all respects contrary to the policy of the law. 50 
The terms of the Act except out every direct and indirect 
purchase of the vote or influence of an elector, and every 

48 Howard v. Jaeoby, 3 C. C. 438; 2 York, 216 (Columbia Co. 1882). 

49 Williams v. Commonwealth, 91 Pa. 493; 9 W. N. 113 (1879). 

50 Howard v. Jaeoby, supra. See also Commonwealth v. Rudy, 5 Dist. 
273 Q896). 



Primary Election Law. 169 

act for any corrupt purpose whatever incident to a nomina- 
tion. 51 

The legitimate expenses may be incurred either in person 
or through other individuals or committees of organizations 
duly constituted for the purpose. 

The maximum penalty for a violation of any provision of 
the Act is a fine not exceeding $1,000 and imprisonment not 
exceeding one year, either or both at the discretion of the 
court. Section 2, Act of April 18, 1874, P. L. 65. 

229. Reward for convictions. 

An offer of reward for the arrest and conviction of per- 
sons for offenses thereafter to be committed against the elec- 
tion laws is not against public policy. Such offer is intended 
to deter people from the commission* of such offenses, and 
it has in numerous instances proved a successful method. 
There is nothing in it to entice persons to violate the law. 52 

230. Constables' duty. 

An indictment, charging a violation of the primary elec- 
tion law, will not be quashed because it is founded' upon 
the return of a constable. In the case of an indictment un- 
der the Act of 1839 the court said: " Illegal and fraudulent 
voting is an offense so closely affecting the general welfare 
as to fall within the common law authority of the constable 
to make returns to court. Moreover, the offense is of such 
a character as will warrant the court to issue process to 
bring in the offender and to direct the district attorney to 
send up a bill to the grand jury." 53 

231. Court's and grand jury's duty. 

In Bucks County Grand Jury, 54 the grand jury's atten- 
tion was called by the court to the subject of bribery and 
corruption at the primary and general elections that they 
might warn the public of such evils. In an indictment for 

51 Williams v. Commonwealth, supra. As to granting free railroad- 
passes, see Commonwealth v. Rudy, 5 Dist. 274. 
52Wilmoth v. Hensel, 151 Pa. 210 (1892). 

53 Commonwealth v. Warner, 17 C. C. 556 (Bucks Co. 1885). 

54 24 C. C. 169. 



170 The Ballot Law. 

accepting bribes based upon the presentment of the grand 
jury, Kice, P. J., said in Commonwealth v. Dietrich, 55 
" Whether it was the imperative duty of the court to give 
the matter in charge to the grand jury or not, it is clear, 
to say the least, that it did not abuse its discretionary power 
in directing them to investigate the matter, and it was none 
the less given them in charge because the suggestion came 
from the grand jury. No matter from what source it came, 
the court sanctioned the investigation, and named the wit- 
nesses to be summoned and examined, and the presentment 
was based on the investigation thus made under the direc- 
tion and supervision of the court, and not on an unauthor- 
ized investigation instituted by the grand jury of their own 
motion. Such being the case the court committed no error 
in directing the indictment to be sent before the grand jury 
at May [the subsequent] sessions or in refusing to quash it 
after it was returned a true bill." 

232. Punishment by ouster. 

The writ of quo ivarranto is a proper remedy to oust from 
office one who has been elected at the general election, but 
who obtained the nomination at the primary election by 
wilful and corrupt bribery, fraud or the wilful violation of 
section 1 of the Act of 1881. A man cannot by corrupt in- 
fluence, by promise of reward or in any other way obtain a 
nomination over honest men who would not resort to such 
methods, and then, by simply conducting himself properly 
after that, hold the office without subjecting himself to 
punishment for his fraud committed while seeking the nom- 
ination. 56 

55 7 Sup. Ct. 521. 

56 Leonard v. Commonwealth, 112 Pa. 615; 17 W. N. 481 (1886). See 
also Commonwealth v. Walter, 83 Pa. 105; 3 W. N. 376 (1876), and 
Commonwealth v. Walter, 86 Pa. 15; 4 W. N. 465 (1877). 

Quo warranto in such case can issue at the suggestion only of the 
attorney-general and not of a private citizen. Butterfield v. McCarter, 
11 W. N. 178 (1881). See also Commonwealth ex rel. Atty.-Gen. v. 
Daily, 3 W. N. 133 (1871). 

Under section 9, article VI, a sheriff, convicted of bribing an elector 
to vote for him as a candidate for the sheriff's office, cannot be re- 
moved from office, as such conviction is neither for misbehavior in 
office nor for an infamous crime. Africa v. Shaver, 3 W. & S. 338 
(1842). The governor cannot remove such an officer by a supersedeas. 
lb. 



INDEX. 



PAGE. 

Acknowledgment, letter of withdrawal 7, 101 

Acts of Assembly: 

Act of March 24, 1817 151 

Act of July 2, 1839 151 

Act of April 18, 1874, § 2 166, 168 

Act of June 8, 1881 134, 151 

purpose of 150,' 152 

statutory purpose 153 

§ 1 '.'. 161 

§ 2 162 

§ 3 165 

§ 4 165 

§ 5 162 

§ 6 "> 163 

Act of June 29, 1881 15, 45, 148, 150 

§ 1 153 

§ 2 157 

Act of June 13, 1883 166 

Act of June 19, 1891: 

§ 3 86 

§ 5 11 

repeal of 95 

Act of June 10, 1893: 

§ 1 3, 95 

§ 2 48, 86 

§ 4 81 

§ 5 12 

§ 7 7, 101 

§ 8 102 

§ 11 22, 85, 104 

§ 12 24, 105 

§ 13 106 

§ 15 108 

§ 16 109 

§ 17 110 

§ 18 Ill 

§ 19 112 

§ 20 113 

§ 21 113 

§ 22 114 

§ 23 119 

§ 24 121 

§ 25 121 

§ 26 121 

§ 27 124 

§ 28 125 

§ 30 127 

§ 31 128 

(171) 



172 Index. 

Act of June 10, 1893 — (Continued) : page. 

§ 32 128 

§ 33 129 

§ 34 129 

§ 35 130 

Act of June 26, 1895, § 10 103 

Act of April 14, 1897, § 29 126 

Act of June 22, 1897, § 2 32, 49, 96, 148 

Act of July 9, 1897: 

§ 3 3, 35, 38, 43, 82, 86, 87, 88, 89, 90, 97 

§ 4 8, 9, 80, 81, 98 

§ 5 4, 11, 13, 14, 15, 16, 99 

§ 6 1, 2, 5, 11, 16, 19, 20, 21, 23, 24, 99 

§ 9 5, 6, 7, 39, 40, 102 

§ 14 : 42, 106 

repealing sections of 130 

titles of Act of 1893 and amendments ' 93, 94, 95 

titles of Acts of 1881 153 

Advertisement (see Sheriff). 

Affidavit (see Name) : 

by attorney in fact 23 

by judge of election as to substituted ballot 112 

defect in 22 

filed with prothonotary 98 

of adoption of political name 98 

to certificate or paper 4, 96 

to mistake in printing ballot 109 

to proof of service of objections 17 

to substitute certificate 105 

Amendments : 

dilatory 23, 101 

how made 23 

to substituted certificate 22 

to certificate prepared by committee 69 

voluntary 5, 22, 101 

when permitted by court 21, 22, 101 

when permitted by officer 5, 22, 101 

Assistance (see Voting). 

Attorney-General, entitled to quo warranto ' 170 

Ballot (see Constitution) : 

casting of 115 

contested election 126 

extent of crime against 152 

illegal, sent to district attorney 125 

inserting name in 116 

irregularly marked 116, 117 

purpose of method of marking 119 

marking improperly 124 

marking of 114, 115 

method of preparing 116 

right hand column of 107, 118 

spoiled -, 121 

Bribery : 

Act to prevent 153 

constitutional provision 149 

by candidates 161 

definition of 163 



Index. 173 

Bribery — (Continued) : page. 

free railroad passes 168 

of delegates 162 

of electors 161 

of party officers 163 

receiving bribes by delegates 162 

receiving bribes by electors 162 

solicitation of bribes by delegates 162 

solicitation of bribes by election officers 163 

witness in trial for 164 

Candidate (see Name; Nominations): 

definition of 148 

expenses of 149, 166 

oath of office of 149 

origin of 148 

ouster of, from office 169 

Certificates (see Filing) : 

affidavit to 4, 96 

by committee 97 

classified 13, 15 

defective, when filed 1 

examined by officer 1 

filed only by political party 33 

prepared by committee 69 

presumed to be valid, when 5 

public may inspect 102 

signed by officers 96, 139 

specifications in 80, 96 

specifications in substituted 85 

sworn to by officers 96 

time for inspection of 102 

time of filing of 11, 14, 99, 139 

Certiorari : 

supreme court inspects record 9 

Chairmen (see Primary Election Officers). 

Columns (see Ballot) : 

form of 106 

right hand 107, 118 

right to separate 42 

Committee (see Quo Warranto; Mandamus): 

amotion of members of 77, 78, 139 

approval of nomination by 73 

candidate registered with 97 

chairman of 72, 138 

nominations by 104 

power to appoint conferees 57 

power to make rules 48, 49 

suggestions to cha'irman of 138 

wrongful substitution of member of 78 

Common-law offenses: 

test of 151 

what constitutes 152 

Conference: 

demerits of system of 60 

each county a voice in 60 

duties of members of 57, 58 

lack of notice of 59 



174 Index. 

Conference — (Continued) : page. 

majority of, nominates 59 

legality of member of 55 

member of, appointed by candidate 56 

member of, appointed by committee 57 

member selected by 56 

nominates in case of candidate's withdrawal 59 

notice to members of 58 

power of court over 55 

remedies for system of 61 

time of selecting members of 57 

Constables: 

at the polls 126 

duty as to election offenses 168 

Constitution: 

Act of 1893 not relating to election of public officers violates. 95, 108 

amendment of § 4, art. VIII 109, 115 

amendments to 145 

article VI, § 9 , . 170 

article VII 149 

article VIII, § 9 149 

legislature can regulate elections 133 

numbering ballots 109, 115 

oath of office prescribed by 149 

official ballot 136 

penalty for fraud 149 

political machinery regulated 134 

secret ballot 115, 133 

voting for limited number of candidates 125 

Contested Elections: 

ballots in 126 

trial of 126 

Convention : 

approval by committee of nomination of 73 

behavior of 69 

certifying nominations of 72, 139 

chairman of 70, 71, 72, 139 

contests of delegates to ' 63, 139 

delegates to 150 

delegation of authority of 68 

discretion of 25 

duty of delegates to 64, 65, 139 

fraudulent nominations of 70 

legality of rival 64 

minority nominations of 66 

nominations of rival , 65, 66 

notice of holding 63, 67 

origin of 148 

place of holding 66, 67 

policy of 25 

provision to fill nomination vacancy 139 

proxies to 71 

qualification of member of 62 

resolution as to invalid nomination of 72 

rival 64, 65, 66 

secretary of 72, 139 

suggestions to chairman of 139 

violation of rules by 66, 68 



Index. 175 

Costs: page. 

blank forms 95 

contestants for ornce 127 

county pays all ballot law 95 

printing and delivery of ballots 95 

printing and delivery of cards of instruction 95 

serving notice of hearing 96 

sheriffs' costs of advertising 104 

watchers not entitled to 120 

County Commissioners (see Certificates; Officers; Papers): 

certificates and papers received by 4, 14, 15, 99 

certify nominations 6, 7, 39, 102 

copies of blank forms furnished to 95 

copies of blank forms furnished election officers by 96 

deliver election paraphernalia Ill 

duty as to substituted nominations 105 

furnish stickers 106 

justice of the peace, certificate or paper filed with 15 

mail specimen ballots to judge of election 112 

mistake in printing corrected by 109 

prepare contents of ballot 106 

print the ballots 106 

provide election paraphernalia 109 

provide voting room 112 

provide watchers' certificates 120 

receive official nomination lists from secretary of the com- 
monwealth 5, 102 

send to sheriff official nomination list 6, 102 

time of filing objections with 20, 100 

Court (see Dauphin County Court; Hearing; Jurisdiction): 

amendments, how authorized by 23, 101 

amendments, permitted by 21, 22, 101 

collateral attack, permitted by, when „ 25 

conference proceedings examined by 55 

conferee's legality determined by 55 

contested elections heard by 126 

convention's legality decided by . -. 64 

delegate contests, when decided by 63 

dispute over party name decided by 9, 99 

essentials to jurisdiction of 10, 101 

injunction issued by 25 

instructions to voters . 110 

instructions to grand jury 169 

jurisdiction of, over election officer 24, 26 

jurisdiction of, why given 9 

legality of rules decided by 47, 48, 138 

limitations to decision of 21, 101 

mandamus receiving officer 1, 24, 100 

manner of holding hearing by 20, 100 

matters ascertainable by 10 

may require correction of printing mistakes 109 

objections filed in 18, 100 

overseers appointed by 120 

party discretion not interferable with 25 

party policy not reviewable by 25 

party rules bind 49 

power of, over party rules 138 

question of party membership decided by 28 



176 Index. 

Court — ( Continued ) : page. 

question of political party existence decided by 31 

time given to, in which to decide objections 21, 100 

time of holding hearing by 20, 100 

vacancy in office, when not inquired into by 10 

validity of nomination decided by 8, 10, 21 

Crimes (see Bribery; Indictments; Offenses) : 

any violation of ballot act by voters 128 

appropriation of official ballot 130 

casting unofficial ballot 128 

counterfeit ballots 130 

disclosing contents of ballot by assistant 128 

false declaration of disability 128 

false making of nomination certificate, paper, or letter of with- 
drawal 128, 160 

filing false nomination certificate, paper, or letter of with- 
drawal 129, 160 

forging official indorsement on ballot 129 

forging watchers' certificate 129 

inducing voter to show ballot 128 

interfering with voter 128 

negligence of duty by officer 129 

possession of official ballot outside voting-room 130 

showing ballot 127 

suppressing nomination certificate or paper 129 

tampering with ballot 129 

wilful hindrance by officer 129 

wilful printing of ballot in nonprescribed way 130 

wilful printing of ballot with different or misspelled names. .. 130 

wilfully delaying delivery of ballots . . . : 129 

wilfully destroying or defacing ballot . 129 

wilfully destroying nomination certificate, paper, or letter of 

withdrawal 129 

wilfully destroying election supplies 128 

wilfully destroying instruction cards 128 

wilfully destroying lists of candidates 128 

wilfully destroying specimen ballots 128 

wilfully hindering others voting 128 

Dauphin County Court: 

jurisdiction of 9 

Defect (see Ballot): 

calculation of vote by wrong district 4, 88 

cure of 5, 21, 22, 23 

defintion of 2 

disputed question of 2 

failure to use official form 3, 86 

in affidavit 22 

in candidate's residence 4, 85 

in certificates and papers 1,2, 100 

in certifying nomination 85 

in letter of withdrawal 7 

in objections 74 

in party name 23, 84 

in service of notice 16 

in signing nomination papers 23, 92 

in substituted certificate or paper 23, 85 

in vouching 4, 22 

manifest 4 



Index. 177 

Definitions : page. 

bribery 163 

candidate 148 

common-law offenses 15 1 

election law 151 

illegal voting 166 

influence 165 

objection 18, 140, 152 

party member 28 

political body , 34 

political party 33 

primary election officer 155 

Disability (see Voting). 

District (see Conference; Defect; Signing): 

ascertainment of • 42 

in nomination papers 4, 42, 89 

proportion of votes cast in 4, 42, 89 

District Attorney: 

illegal ballot transmitted to 125" 

sending bill to grand jury 169 

Election Officers (see Officers; Primary Election Officers): 

count the votes 125 

duties as to balloting 114, 115, 120 

furnished with copies of all forms 96 

judge of election, duties 120 

judge of election receives ballot packages Ill 

judge of election returns receipts to county commissioners Ill 

judge of election deputes inspector Ill 

judge of election prepares substitute ballots 112 

judge of election receives specimen ballots 112 

judge of election opens packages 113 

judge of election sends illegal ballot to district attorney 125 

misdemeanors 129 

opening of polls by 113 

post cards and specimen ballots 113 

receive name and residence of voter 113 

use substituted ballots 112 

Evidence : 

agreement as to 76 

burden of proof 75, 76 

issue governs 76 

presumption as to officer's conduct . . 156 

presumption in affidavits 77 

presumption of constitutionality 137 

presumption of party membership 92 

presumption of residence 92 

presumption that certificate or paper is valid 5, 100 

relevancy of 76 

Expenses : 

constitutional provision 149 

lawful 167 

penalty for unlawful expenses 168 

unlawful 167 

Filing : 

affidavit of political appellation 82, 98 

certificate or paper, received, when 1,2, 100 

12 



178 Index. 

Filing — (Continued): page. 

certificate or paper, refused, wlien 1, 2, 100 

certificate or paper, with which officer 11, 99 

certificate or paper, time of 5, 11, 99 

duplicate nominations . 6, 40 

how to reckon time of 15, 99 

limitation of time for 5 

proof of service of notice of objections 16, 17, 101 

prothonotary's certificate of affidavit 82, 83, 98 

notice of objections 16, 101 

objections in court 18, 100 

objections to substitute nominations 23, 105 

objections with officer 20, 100 

objections within the time 19, 100 

substitute nominations 101, 104 

which certificates and papers filed with county commissioners. 14 

99 
which certificates and papers filed with secretary of the com- 
monwealth 11, 99 

withdrawal 107 

Form: 

all blanks furnished by secretary of the commonwealth 3, 95 

ballot 106, 107, 108, 109 

blank nomination papers furnished by secretary of the com- 
monwealth 3, 87, 97 

certifying nominations 85 

copies of, furnished county commissioners 95 

copies of, furnished election officers 96 

exclusive use of nomination paper 3, 87 

nomination certificate 141 

nomination paper 86, 142 

oath of primary election officers 153 

objections served 16 

official nomination list 5, 102 

sheriff's proclamation 103, 104 

specimen ballot 144, 145 

substituted ballot Ill, 112 

substituted certificate 104, 105 

vouching several sheets 87 

Fraud (see Constitution; Crimes; Offenses): 

effect of 150 

legislation against 150 

prevalence of 149 

Grand Jury: 

duty of 169 

Hearing : 

manner of 20, 100 

notice of 20, 101, 140 

proof of notice of 101, 140 

time of 20, 21, 100 

Indictments : 

against committeeman 157 

averment of election _• • 155 

averring oath in perjury count 158, 161 

based on presentment of grand jury 169 



Index. 179 

Indictments — (Continued) : page. 

conspiracy 158 

joinder of defendants 158 

not taking oath 157 

perjury count 158, 161 

perjury 160 

quashing 158 

sufficiency of 159 

Injunction: 

against officer 25 

Jurisdiction (see Contested Elections; Court; Dauphin County 
Court; Hearing; Injunction; Mandamus; Quo Warranto; 
Rules; Vacancy) : 

collateral attack 25 

court below 9 

essentials to 10 

exclusive and final 9, 10 

statutory 10 

supreme court 9 

Mandamus : 

political party officer 24 

receiving officer 1, 24, 100 

Marking (see Ballot). 

Name: 

affidavit of adoption of 82, 98 

dispute over, decided by court 9, 99 

exclusive use of, in paper 82, 98 

exclusive use of, in certificate 80 

examples of exclusive use of 81 

in nomination certificate 82 

in nomination paper 80 

in presidential year 98 

prothonotary's certificate of 83 

purpose of restricting use of 84 

of candidate 84, 98, 102 

of office 85, 98 

restriction of, in paper 81, 98 

specification of party name 98 

use of, by political body 83 

Nominations: 

by citizens 105, 148 

by committee 78, 104 

by provision of the legislature 96 

by political bodies 97 

by political parties 96 

collateral attack of 25 

duplicate, certified 6, 40 

in case of vacancy 101 

recording vote of 139 

substitute 104 

withdrawal of 101 

Notice : 

proof of service of 17, 101 

purpose of, to candidate 16 

of amendment 22 



180 Index. 

Notice — ( Continued ) : page. 

ol election 103, 104 

of hearing by the court 20, lul 

of holding conference 58, 59, 60 

of hearing contests of delegates 63, 139 

of holding primary or convention 63, 67, 72, 138 

of objections 16, 100 

of proposed change in custom 52 

of proposed change in rule 51, 138 

removal of primary officer without 77, 78, 138 

removal of nominating committeeman without 78, 79, 139 

service of 16 

to candidate of collateral attack 25 

to fill vacancy in contested election 127 

to judge of election 103, 104 

to primary election officer 26 

waiver of 17, 79 

Oath: 

indictment for not taking 157 

municipal officers 149 

necessity of taking 156 

of candidate 149 

of election officers 148 

of voter 157, 160 

of witness 156 

oral 161 

party rule should prescribe 160 

perjury . . . 160 

statutory form 153, 155 

Objections: 

absence of, effect of 19, 100 

copy of 16, 140 

contents of notice of 16 

basis of right to file 152 

filed in which court 18 

filed with which officer 20, 100 

filing proof of notice of service of 16, 17 

notice of 16, 101, 140 

opportunity to file 20, 22 

service of 16, 101, 140 

specific 74, 140 

time of filing 19, 100 

time of filing, to substituted nominations 105 

to substituted nominations 23, 105 

waiver of notice of 17 

who can file 18, 140, 152 

Offenses (see Bribery; Crimes; Indictments): 

attempt to commit 166 

betting 151 

common-law 151 

effect of 152 

furnishing fraudulent tickets 166 

illegal voting 165 

illegal voting defined 1 66 

infamous crime 170 

influence defined 165 

legislation as to 150, 153 



Index. 181 

Offenses — ( Continued ) : page. 

perjury 100 

prevalence of 149 

reward for conviction of 168 

sale of influence 165 

sale of votes 165 

wager 151 

Officer (see Amendments; County Commissioners; Court; Election 
Officers; Nominations; Objections; Primary Officers; Secre- 
tary of the Commonwealth; Withdrawal) : 

certificates and papers filed with 11, 12, 13, 14, 15, 99, 139 

certifies nominations 6, 39, 102 

duty of, as to substituted nominations 105 

examines certificate or papers 2, 1U0 

has no power to decide controverted questions 2 

limitations to power of 2, 4 

objections filed with 20, 100, 140 

permits amendments 5, 101 

receives certificate or paper when regular 2, 100 

refuses defective certificate or paper 4, 100 

transmits official lists 5, 6, 100 

withdrawal of candidate, when receivable by 7 

Ouster : 

by proxy 71, 150 

by supersedeas 170 

committeeman 24, 77 

election officer 25 

for infamous crime 170 

for misbehavior in office 170 

municipal officers 149 

remedy of 169, 170 

representatives of party 78, 150 

Overseers : 

appointment of 120 

Papers (see District; Signing) : 

blanks furnished by secretary of the commonwealth 3, 87, 97 

classified 13, 15 

exclusive use of blank form 3, 87, 97 

exclusive use of party name 83, 84 

form of . * 86, 142 

filed by political body 34 

filed by political party 33 

must specify residence 4 

name of candidate in 84 

name of office in 85 

of justice of the peace filed with county commissioners 15 

party name in , 80 

purpose of nominating by 38 

signing 88 

specifications in , 80 

substituted nomination 85 

use of party name in 82~ 

vouching 87, 98 

Party (see Political Body; Political Party): 

origin of 147 



182 Index. 

Penalty : page. 

attempt to commit misdemeanor 166 

bribery by candidates . 161 

bribing delegates 162 

bribing election officers 163 

bribing electors 162 

bribing party officers 163 

civil liability of officers 156 

common-law 152, 166 

false oath by voter 160 

false oath by witness of voter 160 

furnishing fraudulent tickets « 166 

illegal voting 165 

misdemeanors by officers 157 

ouster 169, 170 

power to impose 150 

provided by constitution 149 

sale of influence 165 

sale of votes 165 

unlawful expenditures 168 

violation of provision providing for the record of nominations 
and elections of public officers 127, 128, 129, 130 

Political Body (see Party; Political Party): 

bolting faction 34 

definition of 34 

extent of right to nominate 41, 42 

fusion party 36 

nominates by papers 35, 97 

purpose of nominations by 38, 148 

right to separate column 42 

substitute nominations 104 

test of right to nominate 42 

Political Party: 

bolting faction » 34 

characteristics 33 

court inquiries as to existence of 23 

definition of 33 

extent of right to nominate 39 

kinds of combinations of electors 27, 31 

legislation as to 27 

member of, his status 28 

nominates by certificate 32, 33, 96 

nominates by papers 33 

nominates by registration 32 

nomination of registered candidates 32 

right to separate column 42 

substitute nominations 104 

test of membership 28 

Presumptions (see Evidence). 

Primarv Election: 

definition of 154 

of alderman 155 

Primary Election Officers (see Bribery; Crimes; Election Officers; 
Indictments: Offenses; Officers): 

administers oath to elector 154, 160 

countv committeeman 154 

defintion of 155 



Index. 183 

Primary Election Officers — (Continued): page. 

discretion of 156 

duty of chairman " 139 

duty of secretary 72 139 

duty of delegates ' 139 

executing certificate or paper 139 

failure to take oath 157 

give notice of time and place of primaries 138, 139 

ouster of 24, 26, 138 

Proxy : 

legality of 71 

Quo Warranto: 

title to party office tested by 24 

remedy for crime 169 

who entitled to 170 

Reward : 

for conviction of offenses ] 68 

Rules : 

authority of 52 

binding quality of 49 

by the legislature, for nominations 32, 90 

change of 76 

construction of 52, 53 

custom , 52 

directions for making 138 

fundamental 149 

judicial consideration of 45 

legislative 148 

made by the legislature 32, 49, 96 

nonconformity to rules 50 

objections must be specific 74 

of evidence 75 

of substantial justice 74 

right to adopt 47 

source of 148 

unwritten 51 

use of 46, 138 

violation of 66, 67, 68 

Secretary (see Primary Election Officers). 

Secretary of the Commonwealth (see Officers) : 

associate judge's certificate or paper filed with 13 

cannot decide controverted questions 2 

certificates and papers filed with 11, 99, 139 

certifies duplicate nominations 6, 39, 102 

duty to certify 6 

examines certificate and paper 1, 100 

furnishes blank forms 3, 95, 139 

objections filed with 20, 140 

permits amendments 5, 101 

power to refuse certificate or paper limited 2, 100 

receives apparently regular certificate or paper 2, 100 

receives substituted nomination certificate or paper 104 

refuses defective certificate or paper ~ 1, 100 

transmits official nomination lists 5, 102 

time of filing certificates and papers with 11, 99 

withdrawal received by 7, 101 



184 Index. 

Sheriff : page. 

advertisement by 103 

contents of advertisement by 103, 104 

failure to give election notice 104 

form of advertisement of 104 

gives notice of election 103, 104 

personal liability of 104 

proclamation by 103 

receives official nomination lists 6, 102 

selection of newspapers by 104 

Signing (see Certificates; Papers): 

description of residence 4, 91 

determining district for 89 

determining percentage vote 89 

in person 91 

limitation to 90, 97 

nomination papers 97 

number of electors, for State offices 4, 88, 97 

number of electors, in a district 88, 97 

occupation 90, 97 

presumption of residence 92 

presumption of party membership 92 

residence 90, 91, 92, 97 

vouchers 4, 98 

Stickers : 

furnished by county commissioners 106 

wrong use of 118 

Time: 

amending certificate or paper 21, 22, 101 

cancelling spoiled ballots 121 

deciding objections 21, 100 

delivery of ballots Ill 

executing nomination certificate '. 139 

filing amended nomination 5 

filing nominations 11, 14, 99 

filing objections 19, 100 

filing prothonotary's certificate 82, 98 

filing substituted nomination 16, 104 

filing withdrawal 7, 101 

hearing by court 20, 100 

how computed 15, 99 

nominations to fill vacancy 101 

objections to substituted nominations 24, 105 

preserving receipts for ballots Ill 

public inspection of certificates and papers 102 

sending illegal ballot to district attorney 125 

sheriff's advertisement 103 

transmitting nomination lists 5, 6, 102 

Title: 

Act of 1893, and amendments 93 

misleading 95 

Acts of 1881 153 

Act of 1883 166 

Voting (see Crimes; Offenses): 

assistance in 121 

choice determined 124, 125 

constables at polls I 26 



Index. 185 

Voting — ( Continued ) : page. 

counting the ballots 125 

crime of illegal 152 

disability determined 122 

duty of voter 113 

how to mark ballot s 114 

improper marking of ballot 124 

instructions by the court 110 

limited number voted for 125 

misdemeanors 127 

numbering ballots abolished 109 

one vote for each officer 152 

opening of polls 113 

regulations at polls 119, 121 

room 112 

spoiling ballot 121 

use of compartment 114, 115 

watchers at polls 119, 121 

Watchers (see Overseers) : 

appointment of 120 

forged certificate of 129 

Withdrawal : 

acknowledgment of 7, 101 

filed with officer 104 

nominations made after 104 

official body after candidate's 105 

time of 7, 101 

written 7, 101 



OCT 2 1902 




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